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Yankee purchase is upheld
By SUSAN SMALLHEER The Vermont Supreme Court
has upheld the sale of Vermont Yankee nuclear power plant to Entergy Nuclear of In a decision released
Friday, the court rejected two legal challenges from the New England Coalition,
an anti-nuclear group based in Entergy paid $180 million
for the NEC had claimed that the
sale of the plant constituted a change in use of its electricity, one that
didn’t benefit Vermonters as much, and thus triggered a more extensive state
review. But the high court rejected
that and other arguments, saying the Public Service Board was correct that the
sale didn’t need a certificate of public good under Act 248. And the court said more than
once that NEC had not made its case on several key points. “NEC asserts that Act 248
requires the PSB to weigh the costs and benefits to The high court also said
that it was largely deferring to the Public Service Board in its interpretation
of its own laws. “PSB orders ‘enjoy a strong presumption of validity,’”
the justices wrote. “We look for a compelling
indication of error, and in its absence, we will uphold the PSB’s decision,”
the court added. “We’re pleased that the
Supreme Court said the Public Service Board got it right,” said Entergy
spokesman Robert Williams. Efforts to reach James
Dumont, attorney for the New England Coalition, or staff members of the
Brattleboro-based group, were unsuccessful Friday. NEC had been the only
environmental group to appeal the highly contested sale proceedings, which
resulted in Entergy sweetening its original offer for the plant and coming up
with additional financial protection for “The statute’s
triggering conditions are not present under the facts of the transaction here
because the purchase and sale agreement does not call for any construction,”
the high court wrote. “In sum, we conclude that
the PSB correctly rejected NEC’s claim that ENVY (Entergy Nuclear Vermont
Yankee) and ENO (its holding company) must obtain a 248 certificate of public
good for their purchase and operation of Vermont Yankee.” The court did say however,
in a point that could have an impact on Entergy’s pending application before
the PSB to increase power production at the plant by 20 percent, that its
decision was “limited to the present facts.” “If Vermont Yankee had
received a 248 certificate of public good before its construction, and the
station’s owners thereafter changed the use that formed the basis for its 248
CPG, our analysis of the issue would likely be different,” the justices wrote.
The plant started full
operations in November 1972, although it received its state permission in 1966. Because Entergy Nuclear
plans to spend $60 million to upgrade various components of the plant in order
to generate 110 additional megawatts, it must receive a certificate of public
good from the Public Service Board. Contact Susan Smallheer at
susan.smallheer@rutlandherald.com. |