Adam Dilts

September 12, 2006

On August 28, The Vermont Environmental Court granted a motion staying Entergy Nuclear's amended thermal discharge permit for Vermont Yankee. The Vermont Agency of Natural Resources granted the plant's original thermal discharge permit, which expired on March 30. Since that time, the plant has been operating under an amended permit that provided for an additional 1˚ F temperature increase within a defined measurement area along the Connecticut River during summer months. The amended permit was granted for Vermont Yankee's operation during the renewal permit process.

The Connecticut River Watershed Council (Council) and other environmental organizations moved to stay the amended permit pending the conclusion of an appeal on its issuance. Represented by the Vermont Law School Environmental and Natural Resources Law Clinic, the Council argued that the stay would simply maintain the status quo thermal discharge limitations of the previous permit, thereby avoiding any harm associated with increased thermal discharges.

Environmental Judge Merideth Wright held that the Council had "shown sufficient potential for irreparable injury to American shad" due to increased river temperatures if Entergy were allowed to operate under the amended permit. In contrast, the only harm Entergy could demonstrate was the potential financial consequences associated with the issuance of a stay. The court held such consequences were, by definition, not irreparable and granted the stay. The Judge went on to indicate that the interests of the public would be best served by granting the stay so that it is not only in effect for the remainder of the summer, but instead until such time as the permit appeal is completed.

The trial is currently scheduled for late January 2007. A copy of the decision and order on the motion for stay is available at the link below.

For more information, please see the following websites:

http://www.ctriver.org/river_news/index.html#vernon

http://www.ctriver.org/Documents/media/2006-08-28_Stay_Decision.pdf