Leaks, Lies and Lawyers – Remarks of Deb Katz, CAN

Miss the rally last weekend? Here is copy of the remarks made by Deb Katz of the Citizen’s Awareness Network.


“Leaks, Lies and Lawyers 03.30.13

Deb Katz, Citizens Awareness Network

This is a moment when people feel outrage, helpless, frustrated and discouraged. Yet we are at a tipping point. Why outraged?

  • Entergy continues to operate illegally. 
  • It is in violation of the contract it signed with the state of Vermont concerning its continued operation and its use of spent fuel. 
  • Without CPG in hand by March 2012, Entergy committed to shuttering VY; the only activity it would engage in would be commencement of decommissioning activities. 

Why discouraged?

  • People are discouraged by the endless lawsuits Entergy initiates every time it doesn’t get its way. Every time the state attempts to make this rogue corporation accountable for its actions, it goes to court.
  • Entergy is trying to shred the contract it signed in 2002 line by line. 
  • The twists and turns of the judicial process both federal and state take time; the state must build an iron clad, well-reasoned case in each and every lawsuit. But people can lose faith in this long drawn out process. 
  • The Appellate court in terms of the defense of Act 160 and state’s right and Entergy’s appeal of Vermont’s increased tax of Vermont Yankee’s operation. 
  • The Public Service Board in terms of the power to issue a CPG for continued operation.
  • The Vermont Supreme Court in terms of Entergy’s attempt to eviscerate the PSB’s right to reject or issue a CPG. All are a delay of the inevitable. Why helpless and frustrated?
  • So much appears to be out of our hands, relegated to what appear to be untrustworthy government institutions.

In fact we are here because of our hard work and commitment to VY’s closure. We are in a unique situation. It is hard for us to remember how we got here.

When Act 160 passed both Houses of the Vermont legislature and Governor Douglas signed it into law, Entergy supported it. Why? Because they thought they would win – that a few dozen protesters would complain and it would easily prevail.

It took 4 years of organizing! Four years going town by town, door by door, person by person to make Vermonters understand what a pivotal time this was and what power we had to change the course of history for Vermont, the tri-state community and New England. Then there was the 2010 Senate vote rejecting Entergy’s continued operation on grounds that had nothing to do with safety or safe operation. Then we held Entergy back in 2011 from getting a revote. And now there are what seem like endless court battles.

You must understand. We will prevail!

With the PSB we will prevail!

The state remains committed to Vermont Yankee’s closure! We must remain committed!

It is essential to understand why now it is so important. We must not lose faith and withdraw from process. Victory will go to those who persevere – to the last one standing. We are at a tipping point; our actions from this point forward will determine Entergy’s future.

It is important to see the bigger picture. Two months ago UBS, a financial institution issued a report that found Vermont Yankee, Fitzpatrick and Pilgrim were undermining Entergy’s bottom line. All three are recently purchased worn out nukes bringing down Entergy’s financial security. All are losing money or barely breaking even. In fact Indian Point, the only Entergy reactor in the Northeast making a profit, is carrying its tin can fleet of nukes.

Wayne Leonard, Entergy’s former head, said that VY was barely breaking even two years ago. In its recent SEC filings Entergy acknowledged that VY was worth less now than when it bought the nuke in 2002. Entergy paid close to $200 million for Vermont Yankee which was supposedly worth close to $400 million. Now its value is around $150 million! Vermont Yankee is potentially worth less than the condenser replacement scheduled for 2016 which will cost upwards of $100 million. We won’t wait that long…

UBS downgraded Entergy stock to sell and 10 other financial institutions to hold. This is serious. CAN submitted 2.206 petition to NRC stating that it should shutter Vermont Yankee, Fitzpatrick and Pilgrim because of Entergy’s financial instability. This financial instability compromises the safe operation of these reactors. One day later NRC asked Entergy to explain its financial position for VY.

There is an even larger landscape in terms of natural gas and fracking. While we do not support fracking, it has had severe consequences for energy production. It is destroying nukes and coal plants. Neither can compete. Neither nukes nor coal plants can obtain long term power contracts. Without these contracts, reactors are closing. With increased repair and maintenance costs, reactors are closing.

It happened with Kawanee reactor in the Midwest. Duke upgraded Kawanee, obtained a re-license from the NRC in an attempt to sell it. There were no takers because it was unable to obtain any long term power contract. It happened with Crystal River down south. It did a botched repair to its reactor vessel to save money; the re-repair is too costly. It is closing. It will happen to Vermont Yankee.

We must keep up the financial pressure! We call it the Lilliputian project. We must hold Entergy to its 2002 contract. We must stop thermal pollution and support the state in its efforts to hold Entergy accountable! We must support Greenfielding legislation and the spent fuel legislation to hold Entergy accountable for its wastes. We must let the legislature and Governor Shumlin know we are still here and we support their efforts. We must be fearless and we must make them fearless! We must remain undaunted!

We must remain committed! Committed to a clean energy future for our children and theirs! Are you with me?”

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