Federal appeals court denies Vermont's quest to shut down nuclear plant over safety concerns

Vermont's attempt to shut down a nuclear plant because of safety concerns has been derailed. State lawmakers have been trying to shut down Vermont Yankee for seven years, but Wednesday the U.S. Court of Appeals for the Second Circuit ruled that "states cannot shut down nuclear plants over safety worries," Matthew Wald reports for The New York Times. Vermont Yankee is owned by Entergy Corp. (Associated Press photo by Toby Talbot)

"The court found that states are 'pre-empted' from regulating safety by the Atomic Energy Act of 1946, which made safety a federal responsibility," Wald reports. "The Legislature had sought to shut the plant by denying Entergy a 'certificate of public good' that is required for all power plants. But the court said Vermont was unpersuasive when it said that the reasons for the denial were that the reactor was too costly and unreliable, and that closing it would encourage the development of renewable energy from wind or wood." (Read more)

Rep. Tony Klein (D-East Montpelier), who led the effort to have a say in Vermont Yankee’s future, said the plant's value to the state is decreasing, including a recent announcement from the company that the plant is cutting 30 jobs, and that it no longer sells power to Vermont utilities, Terri Hallenbeck reports for the Burlington Free Press.

"The court did agree with the state that its actions did not violate Entergy’s constitutional rights by running afoul of the interstate-commerce clause" of the U.S. Constitution, and will not have to pay Entergy's legal fees, Hallenbeck reports. State Attorney General Bill Sorrell said has yet to decide on an appeal. (Read more)