Dive Summary:
- Entergy's Vermont Yankee nuclear power plant may be forced to close on March 21 unless an appeal court rules that it can continue to operate without the approval of state regulators.
- The dispute has gained increasing attention nationally after Entergy won a decision last January on the grounds that safety issues are the sole responsibility of the federal Nuclear Regulatory Commission and not regulated by the state; the case has since been brought before the 2nd U.S. Circuit Court of Appeals in Manhattan.
- A ruling is expected within weeks on the issue and a decision in Vermont's favor would allow state legislatures to shut down plants simply by mentioning a non-safety purpose.
From the article:
The federal government, the brief said, is responsible for safety but states are responsible for all other policy choices that relate to the operation and authorization of nuclear facilities. The brief was filed on behalf of New York, Connecticut, Iowa, Maryland, Massachusetts, Mississippi, Missouri, New Hampshire and Utah.
A similar view was offered in an amicus brief filed by the National Conference of State Legislatures, which said Murtha had inappropriately cited comments legislators had made about safety to justify his ruling. ...
