A district court has ruled that Vermont Yankee nuclear power plant may continue to operate beyond the end of its original 40 year licence in March, granting Entergy a long awaited victory over the state of Vermont. The state is considering whether to appeal. This case involved three claims made by Entergy, all of which challenged the state’s self-determined right to make rules about the perceived safety and economic performance of the plant.
The first claim related to several state enactments that would have forced the plant to shut down at the end if its original licence. The second claim related to plans from the state that would have forced the plant to sell electricity to state utilities at below market rates or risk being forced to shut down. The third claim again referred to these plans, which the company alleged was coercive behaviour from the state, and which placed unfair constraints on interstate commerce.
The first claim related to several state enactments that would have forced the plant to shut down at the end if its original licence. The second claim related to plans from the state that would have forced the plant to sell electricity to state utilities at below market rates or risk being forced to shut down. The third claim again referred to these plans, which the company alleged was coercive behaviour from the state, and which placed unfair constraints on interstate commerce.