This article by Jeff Potter first appeared on commonsnews.org.
BRATTLEBORO—Saying that its interests are adequately represented by the defendants in the case, United States District Judge J. Garvan Murtha ruled Tuesday that the New England Coalition (NEC) may not intervene in the civil suit between Entergy and the state of Vermont.
The antinuclear organization had petitioned the U.S. District Court last week to intervene as party defendants in support of the state in its defense against Entergy Corporation’s legal bid to keep Vermont Yankee nuclear power plant open for 20 years beyond its originally scheduled shutdown March 21, 2012.
On Monday, Entergy asked the judge to reject the coalition’s request.
Responding to that motion in his seven-page ruling, Murtha wrote that “NEC’s interest in this case is adequately represented by the Attorney General, representing the State of Vermont, which shares NEC’s ultimate objective in upholding the constitutionality of Vermont’s statutory and regulatory scheme governing the Vermont Yankee nuclear plant.”
The state “has represented it will vigorously defend its statutory and regulatory scheme and shares NEC’s ultimate objective,” Murtha wrote.
The judge also denied the ruling on the grounds that giving NEC full participation as an intervenor in the case “could unduly delay adjudication of this matter,” noting the court’s recent ruling that the case be tried on an expedited timetable.
However, Murtha did encourage NEC and other parties to file friend-of-the-court (amici curiae) memoranda opposing Entergy’s request for a preliminary injunction, covering points that have not otherwise emerged in the legal filings. (“A filing that does not serve this purpose burdens the Court and is not favored,” Murtha warned.)
Two other environmental organizations — Vermont Public Interest Research Group (VPIRG) and Conservation Law Foundation (CLF) — filed motions to intervene in the case on Friday.
All three nonprofit groups asserted that they have a vested interest in the case because of previous legal action they have taken against Entergy.
At issue is the continued operation of the Vermont Yankee Nuclear Power plant in Vernon. The state legislature says that it has the authority to deny Entergy permission to operate the plant beyond its original shutdown date of March 21, 2012; the corporate nuclear giant maintains that the decision of the Nuclear Regulatory Commission (NRC) to grant Entergy a license extension preempts state law.
