The state of Vermont last week filed a federal lawsuit against the Nuclear Regulatory Commission for authorizing Entergy to pull resources from its decommissioning trust fund for the Vermont Yankee nuclear power plant in order to pay for spent fuel management and other preliminary decommissioning costs. Vermont argued in its suit, filed in the Court of Appeals for the D.C. Circuit on Aug. 13, that the NRC did not give the state the opportunity to participate in the exemption approval process. “The Commission acted arbitrarily, abused its discretion, and violated the Atomic Energy Act, the Administrative Procedure Act, and the National Environmental Policy Act in approving the exemptions and failing to provide an opportunity for Petitioners to participate in the process,” the state’s petition for review said. “Petitioners respectfully request that this Court review the Commission’s decision, vacate that decision, and remand the matter to the Commission.”
Vermont has opposed any use of the decommissioning trust fund for spent fuel management costs due to its effect on the fund’s ability to accrue interest, thus delaying the start date of active decommissioning. Because Vermont Yankee closed prematurely in 2014, Entergy opted for the SAFSTOR method of decommissioning, which enables up to 60 years of inactivity before major decommissioning work begins, so as to allow the trust fund to accrue the necessary capital to cover the cost of the effort. Vermont and Entergy, though, reached an agreement in late 2013 that said the utility would start decommissioning activities as soon as the fund had enough money— a date that would be pushed further back should Entergy tap into the account. The NRC has granted similar decommissioning trust fund exemptions at the San Onofre Nuclear Generating Station in Southern California and the Kewaunee Power Station in Wisconsin.
