Vermont's unique nuclear-power veto

[cali]

In 49 states, it's the federal government, acting through the Nuclear Regulatory Commission.

At the moment, Vermont is the lone exception. As the result of a deal in 2002 and subsequent legislation in 2006, the state Legislature has the authority to block the Vermont Yankee plant from staying in operation past 2012, when its license runs out. The controversial plant supplies about a third of the state's electricity.

The question is especially relevant now, amid growing concerns about nuclear power following the Japanese nuclear crisis and after the NRC granted Vermont Yankee a license extension on Monday, giving the plant the federal government's blessing to operate another 20 years. The Vermont legislature, after a series of leaks at the plant, has already voted against allowing it to remain open.

Letting each state have a veto over energy policy seems potentially fraught with problems — but Peter E. Shumlin, Vermont 's governor, is an unabashed fan and believes more states should follow Vermont's lead.

"It puzzles me that more states don't take control into their own hands about aging plants," Shumlin said in a telephone interview yesterday. "You all have the same rights we have in Vermont."

<snip>

http://www.boston.com/bostonglobe/editorial_opinion/blogs/the_angle/2011/03/vermonts_unique.html

[w4rma]

1. The Koch Brother lobby doesn't like local control over their big businesses. (nt)

[cali]

2. I really don't see what the Koch brothers have to do with this issue

I realize they're the boogie man du jour here- and they are horrible- but I don't see how your comment is pertinent.

[Armstead]

3. Since I don't live too far from there, I hope the state prevails on that

[cali]

6. I think we're headed for a real battle

John Dillon did a disturbing and interesting piece on how it might go a couple of weeks ago on VPR. I'll see if I can find it.

[gratuitous]

4. If the state legislature has the power to regulate Vermont Yankee

They'd better decide quickly if they don't want this facility to continue to operate. The NRC has already given Entergy a 20 year extension on Vermont Yankee's license:

http://www.vermontbiz.com/news/march/nrc-makes-vermont-yankee-license-renewal-official#

NRC makes Vermont Yankee license renewal official
Mon Mar 21 2011

In a letter dated March 21, 2011, US Nuclear Regulatory Senior Project Manager Robert Kuntz notified Michael Colomb, Entergy Vermont Yankee Site Vice President, that the nuclear power plant in Vernon had been issued a renewed operating license for another 20 years.

This action was expected after the last official objection before the commission had been rejected March 10. However, the official approval had been put off as the NRC dealt with issues concerning the nuclear power plant in Japan, which was severely damaged by the tsunami on March 11.

[cali]

5. uh, they did that over a year ago.

as it says right in the posted text. always a good idea to actually read before commenting.

More on the legislative vote:

The Vermont State Senate vote to retire the Vermont Yankee nuclear plant is a blow to the hope for nuclear renaissance – because much of it involves renovating aging plants that critics say are just too old.

On Wednesday, the Vermont Senate voted 26 to 4 to shut down the nuclear plant in 2012, as originally planned – apparently the first time a legislature has voted to close a nuclear plant. Louisiana-based Entergy had hoped to relicense the 40-year-old reactor, which had been criticized for collapsed cooling towers and other problems.

The decision may send a chill through other efforts to extend the lives of America’s aging fleet of 104 nuclear reactors. (See Monitor report on relicensing reactors here.)
Antinuclear groups are thrilled

“Vermonters sent a message to President Obama and the nuclear industry today,” Jim Riccio, Greenpeace’s nuclear policy analyst said in a statement. “The nuclear renaissance is dead on arrival. We can retire old, decrepit, and leaking reactors like Vermont Yankee and help usher in the energy revolution that America needs.”

<snip>

http://www.csmonitor.com/USA/2010/0224/State-Senate-pulls-the-plug-on-Vermont-Yankee-nuclear-plant

[gratuitous]

7. So, who cast the deciding vote?

It appears that Entergy, the firm that runs Vermont Yankee, is pleased with the NRC 20-year renewal from two days ago. If the NRC's renewal is meaningless because of the Vermont legislature's February 2010 vote, why would the NRC do it, why would Entergy seek it? This is sure to end up in a court somewhere. Who will prevail, and whose action - the Vermont legislature or the NRC - is determinative?

[cali]

8. I didn't say the NRC vote was meaningless. I said the legislature voted to shut VY

And yes, I think this will be a battle royale, but Shumlin and the legislature are pretty determined, so we'll see.

[gratuitous]

9. I don't know, either

But does the legislature have to refudiate the NRC renewal, since it happened more recently? (Don't know)
Does the NRC grant of the renewal negate the legislature vote from last year? (Don't know)

Both sides, I am quite sure, are very determined. It will be interesting to see if "states rights" trump "federalist" uniformity. Certainly citizens of a locality have the right to determine what goes on in their local area. But the federal government has a responsibility for regulating interstate commerce and providing stability for the business climate. This is an old and ongoing argument that touches on a lot of issues. My guess is that money talks, democracy walks, and Vermont Yankee gets to keep operating until something catastrophic happens. My second guess is that the majority of the citizens of Vermont prevail, and Entergy demands (and probably gets) compensation for the shutdown of the reactor. What happens to the spent fuel is anybody's guess. After Oregon decommissioned Trojan by popular vote many years ago, the spent fuel rods continue to be stored on site, disturbingly close to the Columbia River.

[cali]

10. No, the legislature doesn't have to do anything re the NRC renewal

the problem arises in a scenario such as this: Entergy just keeps operating and the onus is on the state to shut them down. How do they do this? National Guard? Not going to happen. through the courts? Could take years. I don't see either side backing down. However, Entergy will not get compensation from the state.

lots of really good stories about VY here:

http://vtdigger.org/?s=vermont+yankee&submit=Search

John Dillon VPR piece on decommissioning VY here:

http://www.vpr.net/news_detail/90225/

[Bluerthanblue]

11. I sure hope the VT Legislature stands strong- VY hasn't been

very honest with the public. The tritium is still leaking, they don't seem to be able to really get a handle on it.

I was disappointed but not surprised that the NRC extended their license.

This plant is the same design as Fukushima. It has some 640 tons of spent rods stored on-sight as well.

We live in it's shadow.

Some good info and links here:

http://www.beyondnuclear.org/home/2011/3/21/nrc-relicenses-us-reactor-that-is-same-design-as-fukushima.html

Wish NH would adopt this policy. But lately we seem to be more interested in making sure legislators have the right to carry hand guns in the state house, repealing the right of all people to marry, de-funding education and repealing health care reform . :shrug:

Thanks for posting this Cali