Governor calls for halt in process to relicense Vermont Yankee

In a profound turnaround in policy, Governor Douglas announced late this afternoon that he will no longer urge the Legislature to vote on the Vermont Yankee relicensing this session, he is also at least temporarily pulling support for the plant's owner, Entergy, to spin off the plant into a new corporation called Enexus, and he says that top management at the plant should be replaced because he has lost trust in them. He said that Entergy must not only find and fix the tritium leak at the plant, but must be transparent in its processes.
In a response to the governor's action, Entergy Vermont Yankee released a statement that it will act swiftly to fix the leak and provide all information required to the state and independent inspectors about the leak and why its management provided the inaccurate information. Entergy also emphasized that the plant remains fully operational and that the leak poses no public health risk. Entergy's statement said it did not know at this point what the governor's action would mean for its intention to spin off Vermont Yankee.
I can no longer ask legislators to vote this year on whether the Public Service Board should be allowed to decide the case for relicensing. Therefore, I am calling for a time-out.
The governor has virtually stood alone among elected officials in Vermont the last few weeks in supporting the relicensing of the plant as news of, first, the tritium leak was discovered in a monitoring well at the Vernon nuclear power plant, then that top officials from the plant made inaccurate statements about underground piping systems at the facility, followed by the news that radioactive isotopes of both cobalt and zinc were discovered in an underground cement trench. Tritium, cobalt-60 and zinc-65 are all radioactive isotopes commonly associated with nuclear fission.
Yesterday, Vermont's congressional delegation met with the head of the Nuclear Regulatory Commission to urge him to take aggressive action in helping to first fix the problem and then sort out the many other issues now plaguing the plant, its management and its owner.
Governor Douglas' Statement:
"The recent revelations at Vermont Yankee have raised many questions from my Administration, the federal government, the Legislature, the press and, most importantly, Vermonters.
The safe and reliable operation of the Vermont Yankee plant is an important part of our energy and economic future and it is critical to those Vermonters whose jobs depend on its operation.
My Administration has made clear that we cannot support its relicensing without a favorable power agreement, a sound plan for decommissioning and assurances about safety and reliability – which are, of course, our primary concerns.
I continue to believe that these determinations must be left to the regulators at the state and federal levels. Decisions that impact so many Vermonters must be based on the best scientific information and evaluated objectively outside of the political fray.
In all regulatory matters there must be transparency and honesty from the regulated entity. When any of these elements are called into question, the regulatory process itself is compromised. What has happened at Vermont Yankee is a breach of trust that cannot be tolerated. In order to move forward on whether or not the plant will continue to operate, questions need to be answered, changes need to be made and the trust of Vermonters must be restored.
Entergy now finds itself under investigation at every level.
v The NRC and our Departments of Health and Public Service are working with others to determine the source of the tritium leak and assess any safety and health implications.
v The Agency of Natural Resources is reviewing ongoing ground and surface water tests for environmental contamination.
v The Public Service Department is reinstituting its independent vertical audit to fully assess the underground pipe system, in cooperation with the Public Oversight Panel.
v The Public Service Department is demanding an independent verification of the sufficiency of the decommissioning fund given the prospects of contaminated soil on the Vernon site.
v Today, the Public Service Board required Entergy to submit prompt and complete corrections to any inaccurate information it has provided and a description of what steps it will take to rectify the situation.
v And the Attorney General has launched an investigation to ascertain whether there is any criminal behavior by Entergy officials.
I have spoken with Entergy CEO Wayne Leonard, and he assured me that he is taking recent revelations and discoveries seriously and he has instituted a full and thorough investigation into this matter by an outside law firm.
That’s not good enough. We need action.
If Entergy is serious about rebuilding Vermonters trust and restoring its credibility, it must acknowledge its mistakes and make immediate corrections.
Now is not the time for Entergy to circle its wagons. If it is serious about securing a future in Vermont, Entergy must be fully transparent and provide the State unfettered access to all its investigations – internal and otherwise. It must be willing to make personnel and records available to investigators and to waive any attorney-client or other privileges that may attach to these investigations. Letting the sun shine in will be an important and powerful statement about the company’s commitment to make things right.
And like many Vermonters, I have lost trust in the current management team and I have been disappointed that changes have not already been made. So today I am calling on Entergy to make immediate, necessary changes in management as well.
Until questions regarding the current circumstances are answered, decisions about the long-term future of the plant should not be made. I am directing Commissioner O’Brien to request a stay from any further action by the Board on the Enexus spin-off until the investigations have run their course and Vermonters can be confident in the transparency and honesty of the company’s management.
Further, with so many ongoing investigations, unanswered questions, and my own unease with previous information we have received from Entergy management, I can no longer ask legislators to vote this year on whether the Public Service Board should be allowed to decide the case for relicensing. Therefore, I am calling for a time-out.
Until Entergy reestablishes its credibility, we should not move forward on a decision of such importance to the safety of our people, the livelihoods of so many and the economic and energy future of Vermont. When we can again say with resolute clarity that we can depend on the management of the plant and ensure public health and safety, only then can we move forward with the consideration of the plant’s long-term future.
The ultimate question of Vermont Yankee’s future is not being decided today, but the events of the last two weeks have raised dark clouds of doubt that must clear before we proceed.
We have high expectations from the management of a nuclear power plant – and rightly so. Vermonters are understanding, but never suffer fools. We expect better, we deserve better, and, now, we demand better. The trust that’s been broken can be repaired, but it must begin with swift and determined action – and it must begin today."
Statement for Entergy Vermont Yankee:
Entergy Corporation and the Vermont Yankee management take with utmost seriousness our responsibility to provide complete and accurate information to our regulators and other stakeholders. Entergy has assured Governor Douglas and the Vermont Public Service Department that the company is conducting a thorough, ongoing, comprehensive internal investigation – led by an independent, outside counsel’s review – to get to the bottom of how and why the company provided conflicting information to state officials about the extent of underground piping that carries radionuclides at Vermont Yankee. Naturally, we are disappointed by the governor’s action today, but we remain committed to cooperate in every way possible with the state’s own inquiries. We remain convinced that it is in the best interest of Vermonters and the state’s economic and energy future that this plant keep operating and have its license renewed. We cannot comment specifically on how this might affect the spin-off transaction. As the reviews proceed, it is important for the public to understand that elevated tritium levels found in a monitoring well at Vermont Yankee present no risk to public health or safety. No elevated tritium levels have been found in any drinking-water well samples. Aggressive steps are being taken to locate and stop the source of the tritium. In the meantime, the plant continues to operate safely and efficiently.
Statement of Speaker Shap Smith and Senate President Peter Shumlin:
“We appreciate that the Governor has come to share our concerns with the recent revelations that Entergy misled Vermonters and that radioactive material is leaking from the plant,” said Senator Peter Shumlin. “We would like to reiterate our request that the Department of Public Service not just postpone their support for the proposed Enexus spin off but that they oppose it. In addition, we do not believe that having a few heads roll at Entergy Louisiana or Vermont Yankee will change the culture and is not enough to restore Vermonter’s trust in the out of state corporation.”
“The crisis at hand remains our top priority,” said Speaker Smith. “The Nuclear Regulatory Commission and the Department of Health must find the source of the leak(s) as soon as possible. We remain committed to ensuring that there is a transparent process in place so Vermonters receive accurate and trustworthy information and we applaud the Governor for joining us in getting to the bottom of this crisis as quickly as possible.”
The Senate Finance Committee will be taking testimony on Entergy’s power purchase proposal beginning next week and the legislature looks forward to the Public Oversight’s Panel’s report on the reliability of the plant, due February 16.
Lieutenant Governor Brian Dubie's statement:
“Our first concern today about Vermont Yankee should be for safety – the safety of Vermont Yankee’s employees and area residents.
I am deeply concerned about the 650 people who work for Vermont Yankee; I am concerned about their jobs and their families; I am concerned about all the small businesses in the area that depend on VY and its employees. My cousin is an IBEW member who works at VY. I am concerned about his uncertain future.
And I am extremely disappointed that VY management has compromised those jobs through repeated breaches of faith with the State of Vermont and its people.
We need a time out before we address any questions about how and if to move forward with Vermont Yankee.”

Source: Governor's office. 1.27.2010