Despite assertions to the contrary, U.S. District Judge J. Garvan Murtha in Brattleboro ruled that Vermont’s rational for shutting down Vermont Yankee was based on safety concerns. Even the state agreed that such matters were the sole jurisdiction of the Nuclear Regulatory Commission. That is why the state’s argument was that it had concerns other than safety that drove its decision to shut down Vermont Yankee. According to the Judge, the evidence point to safety as the overwhelming concern being expressed. (The safety of VY was vouched for by the NRC)
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