The Brattleboro Reformer
May 4, 2005
By CAROLYN LORIE

MONTPELIER -- The Vermont Senate passed a bill on dry cask storage at Entergy Nuclear Vermont Yankee on Friday evening, allowing company officials to seek approval for the storage from the Vermont Public Service Board.

The final vote was 18-6. Sens. Roderick Gander, D-Windham, and Jeannette White, D-Windham, both voted against it.

"There are positives and negatives about the bill, but I think the negatives outweigh the positives," said White, who was visibly upset by the Senate's decision.

The vote came at almost 10 p.m., following almost six hours of testimony before the Senate Finance Committee and efforts by Gander and White to stop the process.

In order to allow a vote on the bill, the rules of the Senate had to be suspended, which is routine procedure at the end of the legislative session.

White proposed a motion blocking the suspension of the rules, in an effort to put the issue off until the session resumes in January.

"We have been asked two days before adjournment to consider what may be the most important bill, perhaps of our lives, and certainly of this session," said White, addressing the Senate.

She was supported in her effort by Gander.

"I am in favor of dry cask storage, but I am against this bill," said Gander. "I will come back and vote for [this bill] when it's presented in an appropriate way. This is not the appropriate way."

In order to suspend the rules, three-quarter of those present must approve it. The suspension of the rules was allowed by a 19-5 vote.

Because the House bill was amended slightly by the Senate Committee on Natural Resources and Energy, it must now go to conference committee to insure that both bodies agree with the final bill.

The House passed the bill last Tuesday by a 113-5 vote.

The possibility of a tie in the Finance Committee loomed right up until the last minute, with Sen. Claire Ayers, D-Addison, as the undecided swing vote.

In the end, it was testimony by former Public Service Board Chairman Richard Cowart that convinced her to approve the bill.

"I didn't see what there was to be gained by waiting until January," said Ayer, calling the decision a "painful" one.

With six out of seven finance committee members present, the bill was approved 4-2. Sens. Gander and Chairwoman Ann Cummings, D-Washington, voted against it.

Many legislators said they were concerned that waiting until the next legislative session could jeopardize not only the uninterrupted operation of the plant, but an agreement that was struck between Entergy and the state.

Among the provisions in the agreement is an assurance from Entergy to not abandon any of its promises by claiming federal pre-emption.

The bill also calls for Entergy to return to the Legislature for approval to store any fuel generated beyond 2012, when its current license expires.

Company officials said they plan to seek license extension if their bid to increase power by 20 percent is approved.

Some state legislators claimed that Entergy's need for legislative approval for additional storage space after 2012 gave the state some power over license extension.

Gander disagreed with that assessment, saying that the state will most likely be in a similar situation -- dependent on Vermont Yankee's energy -- when Entergy returns in several years.

"This was the best opportunity we had to slow the process down," said Gander.

The Vermont State Legislature has approved Vermont Yankee's request to apply for Dry Cask Storage from the Public Service Board. The House of Representatives voted 113-5 in favor of and the State Senate followed with an 18-6 vote in support of continuing the application process.

This agreement allows Vermont Yankee to continue to provide one third of the state's electricity. Continued operation will allow for an increased savings of 250 million dollars under the Power Purchase Agreement, which has already helped Vermonter's save 39 million dollars.