Entergy lawyers argue for injunction against State of Vermont's forced closure of Yankee reactor

As reported by the Brattleboro Reformer, in a federal district court room in Brattleboro, Vermont on June 23rd, attorneys representing New Orleans based Entergy Nuclear Corporation sought an injunction against the State of Vermont's application of Public Law 160, which blocks the 20 year license extension sought at Vermont Yankee to continue operating after its original 40 year license expires on March 21, 2012. In a bizarre twist -- because the federal government has jurisdiction over nuclear safety matters -- Entergy's attorney accused Vermont state legislators of illegally focusing on safety concerns: "The Purpose of the acts was safety, safety, safety, radiological safety...We were stunned to see how safety-focused the legislative discussions were," Entergy attorney Kathleen Sullivan said. In court, Entergy is now trying to wiggle out of a 2002 Memorandum of Understanding it signed with the State of Vermont. The MOU clearly stated that Entergy would not try to preempt the State's decision on whether or not to grant Vermont Yankee a renewed Certificate of Public Good for extended operations past 2012. In Feb., 2010, the Vermont State Senate voted 26 to 4 to block the Vermont Public Service Board from issuing Vermont Yankee a renewed Certificate of Public Good. Entergy now argues the MOU was and is unconstitutional, and thus non-binding. Sullivan stated that Entergy can't be held to its word because it was just a business "trying to survive." Entergy's CEO, J. Wayne Leonard, is reported to make around $26.5 million per year, as certain of the reactors he owns and operates -- such as Palisades in Michigan -- have deferred numerous major safety repairs. Entergy has not paid a single penny into the Vermont Yankee decommissioning fund, despite owning the reactor for nearly a decade.