Entergy Nuclear's latest argument, in defense of its U.S. Nuclear Regulatory Commission rubberstamped 20-year license extension at its Vermont Yankee atomic reactor, before the State of Vermont Public Service Board beggars belief. Entergy argues it is above State of Vermont law, even though it agreed to abide by State of Vermont law a decade ago. As reported by the Associated Press, Entergy's lawyers and hired experts are now arguing that because radiological safety is exclusively U.S. Nuclear Regulatory Commission jurisdiction by settled law, the State of Vermont must simply get out of the way -- even though that same U.S. Supreme Court decision in 1983 in the Pacific Gas & Electric case recognized that states retained authority over most other aspects of nucelar power besides radiological safety.
The article reported: '...At Monday's hearing on Entergy's request for a new state permit, company lawyers sought to take that idea of federal pre-emption and run with it, telling the board that it should avoid considering not just the economic impact of a possible nuclear accident, but that the board also should not consider the impact that hosting a nuclear plant might be having on the state's tourism industry.
Burlington lawyer Robert Hemley told the three-member board the only reason the presence of a nuclear plant might harm tourism is if the public develops fears about nuclear safety — a subject Vermont is barred from considering.
"Discussion about tourism is a pre-empted area. ... We feel the entire area is off-limits for this board," Hemley said.
Entergy's push for pre-emption appeared to run counter to an agreement it entered with the state when it bought Vermont Yankee in 2002 from the group of New England utilities that had owned it previously.
Under that memorandum of understanding, Entergy and the state agreed "to waive any claim each may have that federal law pre-empts the jurisdiction of the board" to decide Vermont Yankee's post-2012 future.
Entergy lawyer Sanford Weisburst argued later that the board would be hard-pressed to find a plausible, non-safety reason to deny Vermont Yankee a new permit...'
Entergy Nuclear has named the three commissioners of Vermont's Public Service Board, as well as Governor Peter Shumlin and Attorney General William Sorrell -- by name -- in its lawsuits seeking to overturn Vermont state laws, to which it had previously committed to abide, which now call for Vermont Yankee's permanent shutdown.
The Vermont Yankee Decommissioning Alliance and Citizens Awareness Network have called for grassroots comments to bolster the Vermont Public Service Board's resolve against issuing a renewed Certificate of Public Good to Entergy. Without it, Vermont Yankee's continued operation is illegal under State of Vermont law.
Vermont Digger has reported on this story. Frances Crowe, a nonagenarian member of the Shut It Down! Affinity Group, responded to the article by stating: "Every day that plant operates it is endangering the health and safety
of the people in Vermont, New Hampshire and Massachusetts. Shut it down and start the clean up and put the spent fuel rods in dry caskets and bury them deep underground." Shut It Down! has has organized some two-dozen civil resistance direct actions protesting against Vermont Yankee. When asked by AP on March 22, 2012 -- amidst 1,500 protestors gathered on the first day of VY's NRC-rubberstamped 20-year license extension -- how many times she had been arrested protesting VY, Frances Crowe answered "Not enough!"