A U.S. District Court judge has struck down an effort by Vermont legislators to shutter the state’s only nuclear power plant, ruling that the federal government alone has the authority to regulate nuclear safety.The Nuclear Regulatory Commission granted the boiling water reactor near Brattleboro a 20-year extension to its original 40-year operating license, which expires in March. A state law passed in 2010, coupled with earlier regulatory legislation from 2006, would have forced plant owner Entergy to decommission the Vermont Yankee anyway. The utility filed a suit contending the Legislature had overstepped its authority. And in a ruling Thursday District Court Judge J. Garvan Murtha agreed, arguing that the legislation “was grounded in radiological safety concerns,” which legal precedent holds are solely the province of the federal government.“We’re pleased with the decision, which Judge Murtha issued after a thorough review of the facts and the law. The ruling is good news for our 600 employees, the environment and New England residents and industries that depend on clean, affordable, reliable power provided by Vermont Yankee,” read an Entergy statement issued after the ruling.The future of the state’s litigation remains uncertain. In his own statement on the ruling, Vermont Governor Peter Shumlin said, “I continue to believe that it is in Vermont's best interest to retire the plant. I will await the attorney general’s review of the decision to comment further on whether the state will appeal."
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