Intervenor groups file joint brief with Supreme Court: Uphold Public Service Board rulings ………………………………………………………on 05/22/2013 at 8:03 PM
CLF, NEC and VPIRG filed a brief asking the Vermont Supreme Court to deny Entergy Vermont Yankee motion to set aside PSB rulings going back as far as 2002.
A few excerpts and [page numbers] from the brief:
“…the CPG granted by the Board in 2002, and which Entergy itself argues remains valid at this time, includes a provision that Entergy is “authorized to own and operate Vermont Yankee beyond March 21, 2012, solely for purposes of decommissioning.” (emphasis in original)..” [pg. 1]
“The Board appropriately exercised its discretion in refusing to amend portions of its previous orders. These orders were issued years ago, were based on agreements Entergy made, and were not appealed by Entergy. The Board appropriately refused to relieve Entergy of its obligations that arose from Entergy’s tactical decisions. The Court should affirm the Board’s orders and reject Entergy’s attempts to avoid its obligations.” [pgs. 4-5]
“The Court [District Court/Judge Murtha] specifically left intact the [Public Service] Board’s authority……..” [pg. 7]
“By Order dated July 11, 2002, the Board amended Entergy’s CPG to state: “Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc. are authorized to own and operate Vermont Yankee beyond March 21, 2012, solely for purposes of decommissioning.” (emphasis in original). This provision was not challenged by Entergy to this Court, and was not the subject of Entergy’s recent claims before the District Court regarding preemption. Any challenge to this provision in Entergy’s CPG at this time is barred by the doctrine of claim preclusion.” [pgs. 5-6]
The Board’s July 11, 2002 order further states:
“Entergy should not be surprised that the Board would expect Entergy to meet the express terms of the Board’s orders and Entergy’s prior agreements.
The approval of the sale to Entergy in 2002 hinged on the terms of the memorandum of understanding that expressly precluded operation after March 21, 2012.” [Pg.14]
The complete 16 page CLF NEC VPIRG Brief is just over 1/2 megabyte.