Appeals Court Blocks Attempt by Vermont to Close a Nuclear Plant

“The nuclear power industry has just been delivered a tremendous victory against the attempt by any state to shut down federally regulated nuclear power plants,” said Kathleen Sullivan, a lawyer for Entergy, which owns Vermont Yankee.

The court found that states are “pre-empted” from regulating safety by the Atomic Energy Act of 1946, which made safety a federal responsibility. The Legislature had sought to shut the plant by denying Entergy a “certificate of public good” that is required for all power plants. But the court said Vermont was unpersuasive when it said that the reasons for the denial were that the reactor was too costly and unreliable, and that closing it would encourage the development of renewable energy from wind or wood.

In hearings and floor debate, Vermont legislators referred often to the idea that they could not legislate over the safety of the plant, which is on the Connecticut River near the Massachusetts border, and would have to find other reasons to close it.

“Vermont tried to escape the prohibition by saying, ‘Oh, no, we were really trying to encourage energy diversity,’ ” Ms. Sullivan said.

The court also found that because the reactor operated in a competitive market for electricity, Vermont could not close it because it was too expensive.

The appeals court struck down one finding by the lower court, related to the Constitution’s interstate commerce clause, that would have given Entergy the ability to seek reimbursement from Vermont for its legal costs.

The state has not decided whether to appeal, said Christopher Recchia, the commissioner of the Vermont Public Service Department, which represents consumers before the body that regulates electricity rates. It has also not yet issued the “certificate of public good,” he said.

“We’re still moving forward, and obviously we have been focusing on the areas that the state does have jurisdiction over,” he said, including environmental issues and the economic impact of employment at the plant.

Sandra Levine, a senior lawyer at the Conservation Law Foundation, a nonprofit group that entered the case as an ally of the state, said the court should not have looked at what motivated the lawmakers.

“The legislation speaks for itself,” she said.

But because the appellate judges reaffirmed the ability of courts to examine the record and divine the real reasons for state actions, it could be relevant in New York, where the governor, Andrew M. Cuomo, is seeking to close the Indian Point reactors, which are also owned by Entergy, on the Hudson River in Westchester County.

New York is appearing before the Nuclear Regulatory Commission on whether the two operating reactors there should be allowed 20-year extensions to their initial 40-year operating licenses. But it is also seeking to close the plants by imposing new limits on the use of water from the Hudson.

Other states have made it difficult for reactors to build additional storage for their nuclear waste; several have banned the construction of reactors until the nuclear waste problem is resolved.

While the court decision on Wednesday appears to keep Vermont Yankee safe from local political pressure, financial analysts say that it and other reactors have become far less profitable because the price they get for their electricity has fallen.

Entergy recently announced that it would cut 30 jobs, out of 650, at Vermont Yankee by the end of the year.

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Appeals Court Blocks Attempt by Vermont to Close a Nuclear Plant

“The nuclear power industry has just been delivered a tremendous victory against the attempt by any state to shut down federally regulated nuclear power plants,” said Kathleen Sullivan, a lawyer for Entergy, which owns Vermont Yankee.

The court found that states are “pre-empted” from regulating safety by the Atomic Energy Act of 1946, which made safety a federal responsibility. The Legislature had sought to shut the plant by denying Entergy a “certificate of public good” that is required for all power plants. But the court said Vermont was unpersuasive when it said that the reasons for the denial were that the reactor was too costly and unreliable, and that closing it would encourage the development of renewable energy from wind or wood.

In hearings and floor debate, Vermont legislators referred often to the idea that they could not legislate over the safety of the plant, which is on the Connecticut River near the Massachusetts border, and would have to find other reasons to close it.

“Vermont tried to escape the prohibition by saying, ‘Oh, no, we were really trying to encourage energy diversity,’ ” Ms. Sullivan said.

The court also found that because the reactor operated in a competitive market for electricity, Vermont could not close it because it was too expensive.

The appeals court struck down one finding by the lower court, related to the Constitution’s interstate commerce clause, that would have given Entergy the ability to seek reimbursement from Vermont for its legal costs.

The state has not decided whether to appeal, said Christopher Recchia, the commissioner of the Vermont Public Service Department, which represents consumers before the body that regulates electricity rates. It has also not yet issued the “certificate of public good,” he said.

“We’re still moving forward, and obviously we have been focusing on the areas that the state does have jurisdiction over,” he said, including environmental issues and the economic impact of employment at the plant.

Sandra Levine, a senior lawyer at the Conservation Law Foundation, a nonprofit group that entered the case as an ally of the state, said the court should not have looked at what motivated the lawmakers.

“The legislation speaks for itself,” she said.

But because the appellate judges reaffirmed the ability of courts to examine the record and divine the real reasons for state actions, it could be relevant in New York, where the governor, Andrew M. Cuomo, is seeking to close the Indian Point reactors, which are also owned by Entergy, on the Hudson River in Westchester County.

New York is appearing before the Nuclear Regulatory Commission on whether the two operating reactors there should be allowed 20-year extensions to their initial 40-year operating licenses. But it is also seeking to close the plants by imposing new limits on the use of water from the Hudson.

Other states have made it difficult for reactors to build additional storage for their nuclear waste; several have banned the construction of reactors until the nuclear waste problem is resolved.

While the court decision on Wednesday appears to keep Vermont Yankee safe from local political pressure, financial analysts say that it and other reactors have become far less profitable because the price they get for their electricity has fallen.

Entergy recently announced that it would cut 30 jobs, out of 650, at Vermont Yankee by the end of the year.

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Coyne et Bellier joint venture appointed on major hydropower plant scheme in Albania

A joint venture of Mott MacDonald and Coyne et Bellier has been appointed by Devoll Hydropower Sh.A (DHP) as owner?s engineer for the development of three hydropower plants in Southern Albania which will increase electricity generation in the country by 20 per cent.

Known as Devoll HEP, the project is a cascade of three hydropower plants on the Devoll River in southern Albania. Located at Banja, Kokel and Moglice, the hydropower plants will have a total installed capacity of approximately 280MW and their total annual production will be approximately 800GWh. Development of the schemes will be phased over a period of six years, with generation commencing at the end of 2015. Construction is due for completion in 2019.

The joint venture will review the designs and manage all aspects of the project implementation including construction supervision, as well as assist DHP with negotiation and award of the construction and supply contracts.

Mike McWilliams, Mott MacDonald?s project director, commented: ?Hydropower represents an excellent investment with substantial benefits for the population served. Hydroelectric power plants are a source of clean, renewable and reliable energy, which can be operated economically over extremely long periods of time.?

Yves F?lix, Coyne et Bellier?s deputy project director, added: ?It is a great opportunity for Mott MacDonald and Coyne et Bellier to provide services to DHP composed of EVN and Statkraft, two major companies in renewable and environmentally friendly energy. We are also proud to participate in the development of energy generation, improving the security and stability of Albania?s power system through this important project.?

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Portable Solar Desalination Plant from MIT [VIDEO]

Clean Power Published on November 2nd, 2010 | by Zachary Shahan

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This is something I’ve been wanting to write on for awhile, but knowing that it would be cool news no matter when I shared it, I let it sit in line for longer than I normally would.

MIT engineers from the Field and Space Robotics Laboratory have come up with the concept for a solar-powered, portable desalination plant and have built early versions of it. While this technology may never be practical as a very widespread solution to clean drinking water (or maybe it will …), it seems that it could be very helpful in certain situations, such as after big natural disasters or in remote locations with limited clean water resources.

Jeff McIntire-Strasburg of sustainablog writes:

When island nations experience disaster (think the Haitian earthquake), the victims are often faced with a cruel irony summed up (in a different context) by the poet Samuel Taylor Coleridge: “Water, water, everywhere,/Nor any drop to drink.” Sure, aid organizations and other countries can deliver bottled water to address the immediate need, but that’s not a sustainable long-term solution; people need regular access to clean drinking water as they’re rebuilding whatever infrastructure existed prior to the disaster.

MIT’s Field and Space Robotics Laboratory writes:

The supply of energy and clean water to remote locations, such as desert facilities, farming operations, resorts, and small villages in the developing world can be logistically complex and expensive. This project explores the feasibility, design and control of small smart power units to provide clean water and energy to remote sites by using solar power and reverse osmosis modules….

More on the Details of this Portable Solar Desalination Plant

The working prototype MIT engineers have developed “is capable of producing 80 gallons of water a day in a variety of weather conditions,” but the engineers have much bigger long-term goals.

The intention it to create a system that can provide 1000 gallons of water a day and can be rapidly deployed for a total construction cost of about $8000.

And, yes, the designers are addressing the concern of inconsistent sunlight. Watch the video below of a demonstration project in Boston on a partly cloudy day.

Looks like a great potential solution to drinking water needs in a variety of places and situations, if it can be developed as intended.

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Photo Credit: MIT
Tags: clean water, desalination, MIT, portable desalination, solar desalination

Zachary Shahan I'm the director of CleanTechnica, the most popular cleantech-focused website in the world, and Planetsave, a world-leading green and science news site. I've been covering green news of various sorts since 2008, and I've been especially focused on solar energy, electric vehicles, bicycling, and wind energy for the past few years. Aside from my work on CleanTechnica and Planetsave, I'm the Network Manager for their parent organization – Important Media – and I'm the Owner/Founder of Solar Love, EV Obsession, and Bikocity. To connect on some of your favorite social networks, go to ZacharyShahan.com or click on some of the links below.

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