Editor’s note: This story first appeared on commonsnews.org.
BRATTLEBORO—Sen. Bernard Sanders, I-Vt., released a press release on June 30 celebrating the U.S. Department of Justice’s decision to not intervene in the Entergy v. Shumlin court case.
Sanders urged Attorney General Eric Holder to stay out of a lawsuit filed in federal court in Vermont by Entergy Nuclear over the fate of the 39-year old Vermont Yankee nuclear power station in Vernon. The senator alleges that Nuclear Regulatory Commission members voted 3-2 in secret last month to urge the Department of Justice to intervene on Entergy Nuclear’s behalf.
“While I recognize that it is the responsibility of the Department of Justice to monitor developments in all ongoing litigation, I am pleased that they have no plans to intervene and I am confident that the Department will see no reason to intervene in the future,” Sanders said.
In a July 1 interview, Charles Miller, civil division spokesman at the Department of Justice, disagreed with Sanders’ statements. The department still had “not made a determination as yet” on whether to intervene, he said. The decision is still “under consideration,” and there is no deadline, Miller said.
When asked what triggered the Department of Justice’s interest in the case, Miller answered that “we don’t discuss process.”
In response to Miller’s comments, Sanders’ office replied, “Our understanding is that the Justice Department has no plans to intervene at this time, and the senator is confident that they will see no reason to in the future.”
Sanders said he would wait for a decision from the Department of Justice as to whether it would intervene on behalf of Entergy or “do the right thing and allow the courts to decide this matter without federal interference.” The senator said he had received “assurances” from the Department of Justice that it would not intervene.
Ostendorff confirmed to NRC
Sanders criticized the commissioners of the U.S. Nuclear Regulatory Commission for siding with Entergy in a hearing last month of the Senate Environment and Public Works Committee, which oversees the agency.
I believe strongly that our state has proper authority over Vermont Yankee’s continued operation, and that Entergy Louisiana is not above the law and should have kept the promises it made to Vermonters to comply with our laws.”
– Gov. Peter Shumlin
“The NRC’s legally defined mission is to ensure the safety of our nation’s 104 nuclear power plants, and the law is clear that states retain the authority to regulate based on economic and other considerations,” Sanders said in a press release.
In retaliation to the Nuclear Regulatory Commission’s secret vote, he placed a procedural hold on the confirmation of William C. Ostendorff, a commission nominee who was slated to continue serving on the panel. Ostendorff’s term expired June 30.
“What the NRC did demonstrates poor judgment and a recommendation to radically expand federal authority. I cannot support the nomination of any commissioner who may have voted to make this recommendation, which is why I have placed a hold on the nomination of William Ostendorff,” Sanders said.
On June 30, the U.S. Senate confirmed Ostendorff’s nomination after Sanders lifted the procedural hold.
Gov. Peter Shumlin praised the senator’s attempts to protect the “state’s best interests.”
“Bernie Sanders is an extraordinary champion of Vermonters … and I am very grateful for his efforts here,” Shumlin said.
“I believe strongly that our state has proper authority over Vermont Yankee’s continued operation, and that Entergy Louisiana is not above the law and should have kept the promises it made to Vermonters to comply with our laws,” Shumlin said.
Entergy’s lawsuit claims Vermont overstepped its authority to regulate nuclear plants.
Vermont Yankee’s current operating license expires March 2012. The Nuclear Regulatory Commission has renewed its license to 2032, but the Vermont Senate last year voted 26 to 4 not to let the Public Service Board renew the reactor’s state certificate of public good, effectively scuttling Entergy’s plans to continue operating the aging nuclear power plant.
Entergy and the state appeared in federal court last week. The company is seeking a preliminary injunction to continue operating the plant while the lawsuit moves through the courts.
During the preliminary injunction hearings, Entergy said three Vermont statutes — Act 74, Act 160, and Act 189 — should be overturned.
Sanders has described the plant as “problem-plagued.”
“If Vermont chooses an energy future that does not include a 40-year-old, problem-ridden, nuclear power plant and that emphasizes energy efficiency and sustainable energy, it is certainly our right, and the federal government has no role to play in that decision,” Sanders said.
