Citizens Awareness Network (CAN) has posted an analysis on its website ("The Worm Turns") on how Entergy Nuclear may have planted the seed of its own destruction when it filed a lawsuit against the State of Vermont, seeking to block Vermont's efforts to shut down Vermont Yankee (VY) atomic reactor at the end of its 40 year license on March 21, 2012.
The federal district judge in Brattleboro did rule that the State of Vermont's legislature cannot intervene agaisnt VY's operations, a ruling that Vermont has appealed to the 2nd Circuit Court of Appeals in New York City. But the district court ruling did not bar the Vermont Public Service Board (PSB) from denying a Certificate of Public Good (CPG), which would also shut down the reactor. This has suddenly thrown Entergy Nuclear into a panic. It has "cross appealed" Vermont's filing with the 2nd Circuit, and incredibly, it has moved that the district judge "correct mistakes" in his January ruling -- namely, allowing the PSB to retain its authority to grant or deny a CPG, as it sees fit!
Specificially, the PSB must approve the dry cask storage of any irradiated nuclear fuel on the banks of the Connecticut River at VY. The PSB has asked some tough questions to Entergy about its plans -- or lack thereof -- for dry cask storage of irradiated nuclear fuel generated after March 21, 2012. Could this be the way that VY is finally forced to shut down, the desire of the vast majority of Vermont residents? Let's hope so. Ironically, the PSB will hear the parties on Friday, March 9th, in the very same building where Vermont's Act 160 was passed in the first place, the Vermont State House.