Entergy has prevailed in another court battle with the state of Vermont over the Legislature's authority to shut down the Vermont Yankee nuclear plant. On Wednesday, the Second Circuit Court of Appeals upheld a lower court's ruling that federal law preempted state legislation on matters of nuclear safety. The ruling has the effect of nullifying two state laws passed in 2005 and 2006. They required approval by the Vermont Legislature for continued operation of the plant or storage of new spent fuel after the expiry of its original license, which was extended by the federal Nuclear Regulatory Commission in 2011. "We do not question the legitimacy or sincerity of those Vermont residents and officials who have safety-related concerns about Vermont Yankee, but Vermont has other avenues available to air its concerns," such as NRC hearings and appellate court reviews of NRC decisions, Wednesday's ruling read. "Vermont and its residents are free to pursue any of these routes to express their concerns regarding the potential public safety hazards posed by Vermont Yankee. The legislation passed here, however, was not the way to resolve those concerns."As the Supreme Court has held, the one avenue Vermont may not pursue is to pass a 'state moratorium' on nuclear energy 'grounded in safety concerns.'"The appeals court's decision, though, will not preclude an ongoing review by Vermont's Public Service Board on non-safety related issues, such as economics and environmental impact, Vermont Public Radio reported. The PSB will make a separate decision on state permission to continue plant operations later this year.
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