Either Entergy never really intended to live by those commitments, or it simply didn’t foresee what would happen next. A string of accidents, including the partial collapse of a cooling tower in 207 and the discovery of an underground pipe system leakage, raised serious questions about both Vermont Yankee’s safety and Entergy’s management- especially after the company made misleading statements about the pipe. Enraged by Entergy’s behavior, the Vermont Senate voted 26 to 4 last year against allowing an extension.
Now the company is suddenly claiming that the 2002 agreement is invalid because of the 2006 legislation, and that only the federal government has regulatory power over nuclear issues. The legal issues in the case are obscure: whereas the Supreme Court has ruled that states do have some regulatory authority over nuclear power, legal scholars say that Vermont case will offer a precedent-setting test of how far those powers extend. Certainly, there are valid concerns about the patchwork regulations that could result if every state sets its own rules. But had Entergy kept its word, that debate would be beside the point.
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