Editor’s note: This op-ed is by Bob Stannard, a musician, author and former lawmaker.
Disclaimer: For the past few years I have been representing the Vermont Citizens Action Network in the effort to ensure that the Vermont Yankee Nuclear Power Plant closes, as scheduled, in March 2012.
Now that that’s out of the way, let’s take a look at where we are with this company known as Entergy and its aged plant in Vernon. A brief history. They bought the plant from a conglomerate of utilities in 2002. They were chosen over AmeriGen: a company no longer in business.
In 2006, they were granted permission to produce 20 percent more power at Vermont Yankee than for which it was designed. They were also granted permission to store high-level nuclear waste on site. In theory, it was supposed to only be there until the federal government came up with a disposal site. In reality, it will remain in Vermont for generations. As an aside, one might ask why is it the taxpayer’s responsibility to deal with nuclear waste? The taxpayers don’t fund and own every garbage facility. Nuclear power plant owners are allowed to make huge profits and not have to deal with the major ramifications of the waste. Of course, they don’t have to worry about insurance, because you pay for that, too, with your tax dollars.
In exchange for allowing Entergy to uprate the plant and store its waste on site, the Legislature gave itself the opportunity to weigh in on the re-issuance of a certificate of public good, which is required of all utilities operating within the state of Vermont. Entergy agreed to abide by all state laws, including the requirement for a certificate to operate. In addition, they agreed that under no circumstances would they ever seek assistance from the federal government for preemption over Vermont’s laws.
It’s true that they offered meager protest to the bill that became known as Act 160, but they merely said the legislation was redundant and unnecessary. The bill passed the House 130-0 and was signed by a key Entergy supporter, Republican Gov. Jim Douglas. Does anyone believe that if Entergy really opposed this bill that the representative from Vernon would have voted for it?
Entergy needed an affirmative vote of the Legislature authorizing the Public Service Board to issue the certificate of public good. They were on track to get that approval until they deferred maintenance to the degree that in 2007 they allowed their cooling towers to collapse. That one incident went a long ways to raising concerns about the plant and the company running it.
Many incidents too numerous to mention in this column happened that caused Vermont to completely lose faith and trust in Entergy and the plant. So now, instead of abiding by the laws that they agreed to, they are suing us saying that Vermont changed the rules. They now want to renege on their promise not to seek federal preemption. They are deceiving us again.
One major problem that they’ve had with their case thus far is that the Nuclear Regulatory Commission that oversees the nuclear industry has repeatedly stated that the state has done nothing that would require the NRC to get involved in the case and preempt Vermont law.
Entergy is panicking, but don’t underestimate their power. They have been pummeling the NRC, whose job is supposed to be to protect the public and regulate industry, to help with its flawed case against Vermont.
We now learn that Entergy’s tactics have worked. The NRC, in what can only be viewed as a total chicken poop move, met secretly behind closed doors and voted 3-2 to ask the U.S. Department of Justice to help Entergy against little old Vermont.
It’s not like Entergy — a multi-billion dollar company — isn’t powerful enough to hire all the best lawyers. The regulators have been coerced and corrupted by the regulated. Think Wall Street bankers, derivatives and economic collapse.
What happens if they win their weak case? Our government will be saying that the people no longer matter, and corporations can do whatever they want. If this industry wants to dump radiation into our groundwater or randomly raise the radiation at the fenceline they can. You no longer count. Don’t rely on the Nuclear Regulatory Commission. We’ve now seen that they will flip 180 degrees when pressured.
This case is much more than closing down one, non-profitable plant. This case is about whether or not we lose our country to corporate interests. I’m not optimistic, because our president is in the pocket of the nuclear industry. He would be wise to remember that Vermont was the first state that voted for him. Yes, we’re small, and he could probably care less if he wins here again. If he sides with Entergy and instructs his Justice Department to come after Vermont, he might rethink his wife’s campaign stop here.
Vermont is a small state, but it is an independent state. Vermonters don’t take lightly to getting pushed around by rogue corporations and a federal government that serves as nothing more than a handmaiden to corporations.
You might want to call your congressman and tell them how you feel.
