The State of Vermont filed its opposition papers to Entergy's motion for preliminary injunction in Entergy versus Shumlin in the United States District Court for the District of Vermont in Brattleboro, Vermont. Entergy has sought in a previous court filings in April in Burlington to stop the state of Vermont in intervening in the re-licensing of the Vermont Yankee nuclear power plant in Vernon or taking action that would close the facility.
In part, Vermont's argument states:
"Since 2005, ENVY (Entergy Vermont Yankee) has known that it needed approval from both the Vermont Public Service Board and the Vermont
Legislature to operate after March 21, 2012. Yet now, as March 2012 approaches, ENVY claims
an urgent need for this Court to enjoin all State authority over whether the plant will continue to
operate beyond March 21, 2012’authority ENVY has agreed to all along.
In the Vermont Public Service Board (PSB or Board) proceedings related to the sale, and in
subsequent proceedings addressing ENVY’s need for additional dry-cask storage and a new
certificate of public good (CPG), ENVY has consistently recognized and agreed to State
regulatory authority’and specifically acknowledged that it needed State approval to keep
operating after March 21, 2012. The Legislature’s role in that decision also comes as no
surprise; ENVY sought legislative approval for the dry-cask storage that it needed to operate
until 2012, and the statute that approved additional storage, Act 74, required further legislative
approval for storage of spent fuel generated after March 21, 2012. ENVY made binding
commitments during these State proceedings to not assert the preemption claims that are pressed
in this suit. The Court should not grant equitable relief that would allow ENVY to avoid, at this
late date, its agreements with the State of Vermont.
Indeed, under these circumstances, ENVY cannot make the ‘clear showing’ necessary to
justify the ‘extraordinary and drastic remedy’ of a preliminary injunction."
RELATED:
Defendants’ Memorandum Of Law In Opposition To Plaintiffs’ Motion For Preliminary Injunction
Declaration Of Justin E. Kolber
Declaration Of Bruce E. Hinkley
Declaration Of Seth G. Parker
Declaration Of Robert deR. Stein
Entergy Vermont Yankee sues state of Vermont | Vermont Business ...
Apr 18, 2011 ... ‘Despite the fact that Vermont Yankee is important to the reliability of the New England electric transmission grid, emits virtually no ...