Michele Kearney's Nuclear Wire

Major Energy and Environmental News and Commentary affecting the Nuclear Industry.

Saturday, March 9, 2013

It Was Safety, Safety, Safety. Lawyers can't rescue a weak case

It Was Safety, Safety, Safety.  Lawyers can't rescue a weak case


In 2011, the Vermont state senate voted to close down Vermont Yankee. In 2012, federal judge Gavan Murtha ruled that the reason for their vote was the concerns with nuclear safety.  Since nuclear safety is regulated solely by the federal government, not state legislatures, Murtha ruled against the state.  The state appealed the ruling. Nuclear opponents claimed they had been "out-lawyered," so the state hired a more high-powered attorney for its appeal. However, if the senators weren't voting on nuclear safety, what was the basis for their vote?  The new attorney argued the senators were voting on economics. To bolster his argument, he cited two facts about Vermont Yankee: it provides low-cost power, and it will share money with the state utilities if prices rise on the grid. These facts are completely correct, but most people would say these are economic arguments for keeping the plant, not shutting it down. 

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