For quite some time, various state authorities in both New York1 and Vermont have sought to close down aging nuclear power plants located in their states: Indian Point, about 35 miles north of Manhattan in New York’s Westchester County, and the Vermont Yankee Nuclear Plant, in Vernon, Vt. Both of these power plants began operating in the 1970s under 40-year licenses, and both are owned by Entergy Corporation. The decision last month by the U.S. Court of Appeals for the Second Circuit in Entergy Nuclear Vermont Yankee v. Shumlin2 effectively dooms Vermont’s efforts to shutter Vermont Yankee. It also very well may have placed insurmountable roadblocks in front of New York’s attempts to permanently close Indian Point.
The Vermont Legislation
In the mid-2000s, the Vermont Legislature enacted Act 74, Act 160 and Act 189 (together, “the acts”). These acts specify that the operation of Vermont Yankee after the expiration date of its original license depended on the Vermont Legislature’s approval. Indeed, Act 160 specifically provided that, “a nuclear energy generating plant may be operated in Vermont only with the explicit approval of the General Assembly.”
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