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Vt. judge denies bid to keep nuke plant open
AP via SFGate ^ | 7/18/11 | DAVE GRAM, Associated Press

Posted on 07/18/2011 6:06:42 PM PDT by SmithL

A federal judge said Monday he would not order that Vermont's only nuclear plant be allowed to remain open while a lawsuit to determine its long-term future plays out.

The state is moving to close the Vermont Yankee plant, with both the governor and the state Senate on record as wanting it to close when its initial 40-year license expires next March.

The plant's owner, New Orleans-based Entergy Corp., got a 20-year license extension for Vermont Yankee from the federal Nuclear Regulatory Commission and filed a lawsuit arguing that the federal action pre-empts the state's effort to close the plant.

Last month, Entergy went to court asking for a preliminary order allowing it to stay open while the underlying lawsuit works its way through the courts — possibly all the way to the U.S. Supreme Court. In Monday's order, Judge J. Garvan Murtha said there was no need for such an order because the main trial in the case is scheduled for mid-September, only eight weeks away.

(Excerpt) Read more at sfgate.com ...


TOPICS: Business/Economy; Government; US: Vermont
KEYWORDS: activistjudge; nonukes; nuclearpower

1 posted on 07/18/2011 6:06:46 PM PDT by SmithL
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Murtha, John Garvan
Born 1941 in Hartford, CT

Federal Judicial Service:
Judge, U. S. District Court, District of Vermont
Nominated by William J. Clinton on April 4, 1995, to a seat vacated by Franklin S. Billings, Jr.; Confirmed by the Senate on May 25, 1995, and received commission on May 26, 1995. Served as chief judge, 1995-2002. Assumed senior status on June 30, 2009.

Education:
Yale University, B.A., 1963
University of Connecticut School of Law, LL.B., 1968
Georgetown University Law Center, LL.M., 1970

Professional Career:
E. Barrett Prettyman fellow, Georgetown University Law Center, 1968-1970
Deputy state's attorney, Windham County, Vermont, 1970-1973
Private practice, Brattleboro, Vermont, 1973-1995

2 posted on 07/18/2011 6:07:10 PM PDT by SmithL
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To: SmithL

Red Diaper Doper Babies appointed by Clinton who legislate from the bench.

Isn’t Liberalism fun?


3 posted on 07/18/2011 6:13:07 PM PDT by wac3rd (Somewhere in Hell, Ted Kennedy snickers....)
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To: SmithL

Let it go to trial, with the only stipulation that no electricity may be used in the courthouse during the trial.


4 posted on 07/18/2011 6:19:50 PM PDT by blackdog (The mystery of government is not how Washington works but how to make it stop)
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To: SmithL

The lights will soon go out in NY.


5 posted on 07/18/2011 6:24:43 PM PDT by Brilliant
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To: SmithL

a 40 yr old plant needs to be shut down and replaced, but the replace part is problematic


6 posted on 07/18/2011 6:28:52 PM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: SmithL
Sanders argued it's a matter of state's rights. "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, that is certainly our right."

Amazing - the socialist Sanders arguing for states rights!

7 posted on 07/18/2011 7:04:37 PM PDT by FatherofFive (Islam is evil and must be eradicated)
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To: driftdiver

That would mean we shut down a large number of the coal fired power plants in this country. Is that ok with you?


8 posted on 07/18/2011 7:16:13 PM PDT by meatloaf
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To: FatherofFive

The only problem of course is that the energy produced or in this case not produced doesn’t stop at the state line.


9 posted on 07/18/2011 7:19:10 PM PDT by redangus
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To: meatloaf

Just out of curiosity. When you shut down the nuke plants, and you shut down the coal plants, what do you use for electricity? Just asking.


10 posted on 07/18/2011 7:19:10 PM PDT by Former Proud Canadian (We .. have a purpose .. no longer to please every dictator with a vote at the UN. PM Harper)
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To: Former Proud Canadian

Just out of curiosity. When you shut down the nuke plants, and you shut down the coal plants, what do you use for electricity? Just asking.

Energy becomes scarce and the costs go up. People become poorer and that Marxist in the White House will have another win.

The fact that there are no protests from average everyday people is shocking

The fact that there is no blood on the streets fighting this railroading is shocking

But then again, this is the country that has permitted cameras at every intersection, TSA agents in travelers crotches and cell phones and cars that track everywhere.

We no longer can defend ourselves.


11 posted on 07/18/2011 7:24:15 PM PDT by Chickensoup (The right to bear arms is proved to prevent totalitarian genocide.)
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To: SmithL
Nineteen friggin' paragraphs...and not one word about WHY the state was so anxious to close the place!

Shouldn't that be central to the story?

Instead, we seem to be treated to the shallow assumption that nuclear plants should be closed "just because". Is that why the governor and legislature acted as they did?

Nor is there any information regarding the competing arguments and why the judge decided as he did. Was his decision based on "just because"?

Talk about vacuous reporting...

12 posted on 07/18/2011 7:33:19 PM PDT by okie01 (THE MAINSTREAM MEDIA: Ignorance On Parade)
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To: meatloaf

“That would mean we shut down a large number of the coal fired power plants in this country. Is that ok with you?”

way to take it out of context. 40 year old coal plants can be upgraded.

40 yr old nuke plants need to be rebuilt

40 yr old nuke technology isn’t as safe as current nuke technology


13 posted on 07/18/2011 7:35:55 PM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: driftdiver

Lets get that cheap crap shut down and get the price of natural gas back up so my bonus will be bigger, thank goodness for ignorant liberals, they continue to help my industry out...lol


14 posted on 07/18/2011 7:40:25 PM PDT by wild74
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To: okie01

Well, if one were to look elsewhere

In March, the U.S. Nuclear Regulatory Commission granted Entergy a new license to operate the plant for another 20 years, past March 2012, when the current license expires. But Vermont legislators have blocked the company from receiving a state certificate, which is needed to extend the reactor’s life.

When Entergy bought the Vermont facility in 2002, it agreed to give state regulators say over the license extension.

The state passed a law in 2006 requiring Vermont legislators to approve the extension.

Read more: http://www.foxbusiness.com/industries/2011/07/18/court-denies-entergy-injunction-request-in-vermont-yankee-dispute/#ixzz1SVwpnJzI

and

Wiki oddly has an answer as well

In February 2010, the Vermont Senate voted 26 to 4 against re-licensing of the Vermont Yankee Nuclear Plant after 2012, citing radioactive tritium leaks, misstatements in testimony by plant officials, a cooling tower collapse in 2007, and other problems. There is an absence of a clear plan to replace the electricity generated by the plant, which has caused concern among some businesses in Vermont. Executives of Vermont’s electric utilities have expressed confidence that they will be able to replace the electricity they now get from the plant.

THe ongoing pack of lies out of the disaster in Japan hasn’t helped the least bit.

FR is kinda like the hunting dog that points, you get to use the inital post as a lead and actually search for more information as you wish to know more.

Cool - huh?


15 posted on 07/18/2011 7:47:01 PM PDT by ASOC (What are you doing now that Mexico has become OUR Chechnya?)
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To: Former Proud Canadian

There you go being logical. Do me a favor and get a job with the EPA. You might be a bit frustrated but anything that gives them a kick in the ass is good.


16 posted on 07/18/2011 7:57:33 PM PDT by meatloaf
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To: driftdiver
Why?

Do you just have a feeling or something or is that based on some knowledge?

17 posted on 07/18/2011 7:58:42 PM PDT by WHBates
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To: FatherofFive

“Amazing - the socialist Sanders arguing for states rights!”

So I guess that he would have no problem with certain states re-asserting their RIGHT to allow ownership of slaves?


18 posted on 07/18/2011 8:02:09 PM PDT by BobL (PLEASE READ: http://www.freerepublic.com/focus/f-news/2657811/posts)
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To: WHBates

well golly gee wilerkers, i just have a FEELUN they’ve improved designs and materials in the last 4 freakin decades

shut up and go home


19 posted on 07/18/2011 8:06:52 PM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: driftdiver
way to take it out of context. 40 year old coal plants can be upgraded. 40 yr old nuke plants need to be rebuilt 40 yr old nuke technology isn’t as safe as current nuke technology

You do understand that what you said is just silly don't you? Even die hard Luddites try to make a little more sense. Exactly what do you base that statement on?

20 posted on 07/18/2011 8:08:23 PM PDT by WHBates
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To: driftdiver

Well maybe if you had a clue as to what you talking about and made a coherent statement it wouldn’t invite comment , clown.


21 posted on 07/18/2011 8:12:28 PM PDT by WHBates
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To: SmithL

Let them (voters) all freeze to death in the dark!


22 posted on 07/18/2011 8:16:10 PM PDT by SuperLuminal (Where is another agitator for republicanism like Sam Adams when we need him?)
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To: ASOC
You get an "A".

The reporter gets an "F".

23 posted on 07/18/2011 8:19:33 PM PDT by okie01 (THE MAINSTREAM MEDIA: Ignorance On Parade)
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To: blackdog
Let it go to trial, with the only stipulation that no electricity may be used in the courthouse during the trial.

*snicker*

24 posted on 07/18/2011 8:40:31 PM PDT by SuziQ
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To: WHBates

no what I said was fine, you dug yourself a whole and your overblown ego won’t let you back down.

The design of 40 yr old nuke plants are not as safe as current designs, case in point Japan.

eat spent fuel and die


25 posted on 07/19/2011 3:57:33 AM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: SmithL; All
Look at his time line, if he isn't a red-diper-doper-baby I'm Richard Millhouse Nixon....

His formative years in school were when the commies took over our college campuses, the popular culture, and took over the Ute's minds...

26 posted on 07/19/2011 4:01:31 AM PDT by taildragger (( Palin / Mulally 2012 ))
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To: driftdiver

And your opinion is based on what exactly?


27 posted on 07/19/2011 9:19:15 AM PDT by RoadGumby (For God so loved the world)
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To: Former Proud Canadian

What are you talking about? Just because you shut down the power plants doesn’t mean you have to unplug your lights. After all, electricity comes from the wall sockets, right? Right?


28 posted on 07/19/2011 9:21:04 AM PDT by RoadGumby (For God so loved the world)
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To: RoadGumby

3 glowing holes in Japan


29 posted on 07/19/2011 10:52:52 AM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: RoadGumby

Riiight. The holes in the wall. Just install more holes. Presto-—more power.


30 posted on 07/19/2011 11:39:18 AM PDT by Former Proud Canadian (We .. have a purpose .. no longer to please every dictator with a vote at the UN. PM Harper)
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To: driftdiver

The term Luddite comes to mind.
You’ll only be happy when power you use comes from unicorns, with no risks at all.


31 posted on 07/19/2011 1:07:15 PM PDT by RoadGumby (For God so loved the world)
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To: RoadGumby

You’re an idiot. You’d rather use technology four decades old than build something new.

You’re the Luddite who is afraid of new technology.


32 posted on 07/19/2011 1:37:34 PM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: driftdiver
Well since you apparently don't have a clue about nuclear technology or coal it's rather pointless to even discuss it with you. You making a statement doesn't make it so.

Since none of the new nuclear plants have even loaded fuel or have been given a license to proceed its obvious that you don't even keep up with current events. The problem with the spent fuel at the Japanese plant would also be the case with any new plant. They had a tsunami and earth quake twice the design basis magnitude and the design basis is twice the expected magnitude, that would be a problem with any design, new or old.

So no your statement was foolish as you apparently are as well. As I said before just another Luddite.

33 posted on 07/19/2011 4:36:57 PM PDT by WHBates
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To: WHBates

“Since none of the new nuclear plants have even loaded fuel or have been given a license to proceed .”

Thats kinda my point you buffooon!

But you’d rather keep the old ones running than replace them with new ones. Why do you want to put so many lives at risk?


34 posted on 07/19/2011 4:56:14 PM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: driftdiver
I guess you didn't actually read my reply, but that's no surprise. Anti-nukes like yourself always set up straw-man arguments and you had no intention of making a point anyway. You wouldn't understand one technology from another in any event. As soon as the next generation of plants get licensed you'll drone on and on about how it should have been some other pipe dream, because they all have a certain amount of risk that you'll use to disqualify what ever the technology that can produce a real solution.
35 posted on 07/19/2011 7:56:13 PM PDT by WHBates
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To: WHBates

DUFUS, I’m not anti-nuke. I want them to get rid of the old out dated plants and build new ones. I’m done with ya as you obviously don’t bother to read and let your ignorant ego blind you.


36 posted on 07/20/2011 3:48:18 AM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: driftdiver

No, please do build new.

Yet, that is increasingly difficult, bordering on impossible. Thus, it is important to keep, and maintain, the capacity we have.

The useful lifetime of these plants CAN be extended. Been there done that. Stop the fear.


37 posted on 07/20/2011 5:05:32 AM PDT by RoadGumby (For God so loved the world)
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To: RoadGumby

“Thus, it is important to keep, and maintain, the capacity we have.”

So your just gonna sit back and take it? Your fine with running increasingly obsolete plants until they kill a bunch of people.

It will only change when more people stand up and fight the dark earthers. Instead you Luddites would rather insult someone who speaks the truth that a 40 year old nuclear plant needs to be replaced.

Shut the hell up.


38 posted on 07/20/2011 6:06:33 AM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: driftdiver

You sir, are a loony.

I have worked in many of these places, have you? You obviously have little information beyond the drive by, lame, and fear mongering media.

Ignorance is only your fault IF you insist on remaining that way.


39 posted on 07/20/2011 9:26:36 AM PDT by RoadGumby (For God so loved the world)
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To: driftdiver

There’s a very different attitude that’s immediately obvious when you’ve had the opportunity to go iside both nuclear and coal fired power plants. That’s the attitude toward maintenance. The nuclear power industry went through a shake out not only after TMI but also in the 90s. During that period the management of utilities that operated a nuclear power plant either committed and performed based on NRC dictates or they literally got out of the business by selling the nuclear units they owned to utilities that had the right stuff.

Maintenance in a nuclear power plant is proactive like aircraft maintenance. It doesn’t have to be broken to be replaced or disassembled for inspection and rebuilt.

A coal fired plant goe beyond the “If it’s not broken, don’t fix it,: mantra. Unless it’s absolutely essential lots of maintenance or repairs in a coal fired power plant is deferred to save money.

After 40 years a nuclear power plant is still in eat off the floor condition and they complete run cycles from refueling to refueling without issues.

In a nutshell if a nuclear power plant was an automobile, it would still be in virtually showroom condition after 40 years. The typical 40 year old coal fired plant would look like a ragged out beater that still runs ok.


40 posted on 07/20/2011 9:29:31 AM PDT by meatloaf
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To: meatloaf

A couple of differences. If a coal plant blows up it doesn’t put a bunch cesium in the atmosphere and on the ground.

Secondly, there have been significant advances in design of nuclear plants in the last 50 years. Any 40 yr old plant was certainly designed years before construction.


41 posted on 07/20/2011 9:51:15 AM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: driftdiver

“A couple of differences. If a coal plant blows up it doesn’t put a bunch cesium in the atmosphere and on the ground.”

That’s true.

What is also true is with the current attitude about nuclear power, it will be tougher to build the new designs in this country. That means as long as the management complies with NRC rules and regulations, extensions beyond 40 years will be granted.


42 posted on 07/20/2011 10:43:00 AM PDT by meatloaf
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To: RoadGumby

That would make a great graphic. Unicorns filling buckets with electricity by pissing in them. Then the utility takes the buckets and pours it into a funnel attached to the power grid.

Of course you’d need legions of unicorns to generate the power needed. How long before PETA got upset?

The title? “Where your power doesn’t come from.”


43 posted on 07/20/2011 10:48:30 AM PDT by meatloaf
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To: meatloaf

‘What is also true is with the current attitude about nuclear power, it will be tougher to build the new designs in this country. “

They’ll never be built until more people tell the envir-whacko’s to shut up. The dark earthers don’t want us to use energy period, it doesn’t matter how safe or what technology is used.


44 posted on 07/20/2011 10:49:17 AM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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