One aspect of Adam's contractual argument with Vermont Yankee that
does not hold up is that Entergy has gotten the okay from the Nuclear
Regulatory Commission to tap into the Decommissioning Fund to the tune
of $219 million to pay for storage of high-level radioactive waste
outside the plant. The increased energy output and the end of the Yucca
Mountain solution for long-term storage led Entergy to seek this use of
the Decommissioning Fund. They see themselves spending down the fund
rather than adding to it.
Also in a recent opinion piece in the Burlington Free Press, Crea Lintilhac raised these questions about the contracts Vermont signed with Entergy.
"We need the legislators to cross examine the experts from the
utilities and the regulatory agencies because they frequently
contradict each other about facts and evidence. For example, when the
House Natural Resources and Energy Committee heard testimony from the
former chairman of the Public Service Board, they learned that the
intent of the board in writing a sales agreement in 2002 was to require
that the decommissioning fund be backed by Entergy, the parent company.
Representatives from the Department of Public Service then responded,
saying that Entergy is not required to pony up the money if Entergy
Nuclear Vermont Yankee LLC, the legal owner of Vermont Yankee, goes
bankrupt.
"There is also disagreement over Safestor. Safestor is the method in
which the nuclear facility is effectively mothballed until the owner
decides to clean up the site. A station can be in Safestor for up to 60
years, according to NRC regulation. In the 2002 agreement, the PSB said
that Safestor may not be used as a "panacea" to insure the full funding
of all decommissioning. The governor's administration believes,
however, that it is currently okay for Vermont Yankee to delay
decommissioning, counting on the stock market to increase while the
plant sits unused. Safestor precludes other uses of the land whether it
be for energy production, industrial use, commercial use or any other
public."
Adam, I hope you will reconsider your vote if it comes to overriding a
veto by the governor. This is not a clear cut contract situation.
Dorothy Tod
Warren
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