tag:blogger.com,1999:blog-3033288879708780106.post7604633502231150407..comments2023-04-07T05:19:44.951-04:00Comments on Yes Vermont Yankee: Entergy and Vermont Part 1: Act 160Meredith Angwinhttp://www.blogger.com/profile/02737538041807740424noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-3033288879708780106.post-41223797108415155552011-04-20T20:05:12.940-04:002011-04-20T20:05:12.940-04:00Thank you Mark. I will be reviewing these things,...Thank you Mark. I will be reviewing these things, and your notes are a good guide. I appreciate your comments.Meredith Angwinhttps://www.blogger.com/profile/02737538041807740424noreply@blogger.comtag:blogger.com,1999:blog-3033288879708780106.post-20171344238997383482011-04-20T15:08:26.791-04:002011-04-20T15:08:26.791-04:00See paragraph 81 of the filing for the bit about r...See paragraph 81 of the filing for the bit about re-vesting the authority to the PSB.Mark Norsworthynoreply@blogger.comtag:blogger.com,1999:blog-3033288879708780106.post-71680412453091772592011-04-20T14:41:18.345-04:002011-04-20T14:41:18.345-04:00@Jeff: Entergy *agreed*, past-tense, to regulation...@Jeff: Entergy *agreed*, past-tense, to regulation by the DPS and PSB. However, they argue in their filing that the MOU was breached and therefore neither the DPS, PSB, nor the Legislature has any authority to regulate them, due to federal pre-emption. They argue that the NRC has pre-emption over safety and FERC has pre-emption over wholesale interstate power sales. The whole filing is quite readable and very interesting. I found it here: http://www.vpr.net/vpr_files/pdfs/4_18_11_complaint.pdf<br /><br />Entergy also argues against simply turning power back to the PSB in the filing, citing irreparable political damage done by the Legislature through this process. In essence, they're arguing that "the jury is already biased."<br /><br />It seems to me that if the court agrees that the MOU was breached, Entergy has a pretty strong case for pre-emption.Mark Norsworthynoreply@blogger.comtag:blogger.com,1999:blog-3033288879708780106.post-79935069814944274762011-04-20T12:37:29.501-04:002011-04-20T12:37:29.501-04:00I don't know about pre-emption. I am still wo...I don't know about pre-emption. I am still working on this stuff! <br /><br /> However, in general, Public Service Boards are judiciary bodies that are appointed for longer than one term of a governor or whatever, in an attempt to keep them separate from politics. <br /><br />The Chairman of Entergy wrote a letter to Vermonters that appeared in all Vermont newspapers Tuesday. I can't find it on the web, but here's a lengthy quote, showing a little more of the role of the PSB. A PSB is quite different from a legislature.<br /><br /><i>When we did, we entered into an agreement with the State that we would secure a Certificate of Public Good from the<br />Vermont Public Service Board if we wanted to extend the license of the plant beyond March of 2012. That was not a concern to us back in 2002. The Public Service Board is an independent, expert body that uses impartial professional judgment to make such decisions and its decisions can be reviewed by a court.</i>Meredith Angwinhttps://www.blogger.com/profile/02737538041807740424noreply@blogger.comtag:blogger.com,1999:blog-3033288879708780106.post-43992217493958350882011-04-20T12:12:44.729-04:002011-04-20T12:12:44.729-04:00I wonder, at the end of the day, if the lawsuit ev...I wonder, at the end of the day, if the lawsuit even matters? Here's what I mean - if I understand correctly, Entergy *already* agree to regulation by the State of Vermont, via the Public Service Board, right?<br /><br />Not sure that Federal Pre-emption applies there?<br /><br />So, if the lawsuit is successful, and the court say, "OK. The Public Service Board has the final say," then all Shumlin and Co. have to do is fire whoever at the PSB won't make the 'determination' that the politicians want, and appoint in some "yes men" who will deny VY the Certificate of Public Good that they need?<br /><br />I mean, at the end of the day, the PSB is just the State, and if the State doesn't want VY, it seems like Entergy *already* gave the state power over their future via the MOU?Anonymousnoreply@blogger.com