Jan 22, 2012

Vermont Can’t Shut Down Nuclear Plant, Judge Rules - NYTimes.com

Federal judge says states can't protect themselves against nuclear plants...
NY Times - A federal judge on Thursday blocked Vermont from forcing the Vermont Yankee nuclear reactor to shut down when its license expires in March, saying that the state is trying to regulate nuclear safety, which only the federal government can do. 

The nuclear operator filed a lawsuit last year challenging the constitutionality of a state law giving the Vermont Legislature veto power over operation of the reactor when its original 40-year license expires. 

In an extensive review of the legislative record, Judge Murtha pointed out in his ruling that in remarks “too numerous to recount here,” state lawmakers and witnesses made clear that their effort to close the plant was “grounded in radiological safety concerns” — the province of the federal Nuclear Regulatory Commission. The commission has already granted Vermont Yankee a 20-year license extension. 

...Gov. Peter Shumlin said in a statement that he was “very disappointed” in the decision, adding, “I continue to believe that it is in Vermont’s best interest to retire the plant.” He said he would wait to hear from the state attorney general before commenting on an appeal. 

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