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Court: Vermont Can't Use Law to Close Nuclear Plant

NRC/Entergy Nuclear

A federal appeals court has largely upheld a ruling against Vermont's attempts to close a nuclear power plant in the state.

The decision Wednesday by the Second Circuit Court of Appeals in New York agrees with a lower-court decision that federal law preempts state laws geared toward closing the Vermont Yankee plant.

The court said Vermont's concerns over nuclear safety were not a legitimate reason to close the plant. Nuclear safety is the sole province of the Nuclear Regulatory Commission under federal law.
Vermont Public Service Department Deputy Commissioner Darren Springer says the ruling did preserve the Public Service Board’s role in it’s ongoing review of the state Certificate of Public Good.

The appeals court did reject the plant owner's complaint that Vermont was trying to tie a new state permit for the plant to getting favorable prices on power from Vermont Yankee. It said that issue wasn't ripe because no such deal was struck.

New Orleans-based Entergy Corp. owns the plant.

The Associated Press contributed to this report. Copyright 2013. All Rights Reserved.

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