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Petition Challenging Entergy's Financial Qualifications to Operate FitzPatrick, Vermont Yankee and Pilgrim

Photo from 3/8/15 Times Argus, by Jeff Danziger

On March 18, 2013, CAN joined with nuclear watchdogs in Massachusetts and New York to file an emergency enforcement petition against Entergy and three of its subsidiaries for failing to meet the NRC's financial qualifications requirements. According to predictions from the financial services firm UBS, FitzPatrick and Vermont Yankee are operating at a loss. The same might be true of the Pilgrim reactor, though no specific UBS analysis on the plant has been released. NRC regulations require companies to be financially qualified to operate their reactors so as to avoid a conflict between profit and safety. On April 23, 2013, the petitioners filed a supplement after discovering plant-specific profit and loss predictions from UBS.

Entergy Financial Qualifications Petition
Entergy Financial Qualifications Supplement 1 - filed after new detailed information came out about the finances at the plants
Entergy Financial Qualification Supplement 4 - update after the announced closure of Vermont Yankee


On May 7, 2013, CAN and other petitioners met with the NRC petition review board to discuss the petition. After the meeting, further supplements to the petition were submitted:
Supplement 2 - Answers to NRC Petition Review Board Questions
Supplement 3 - Recent developments in Entergy's finances, which further make the case against Entergy's financial qualifications
Entergy's 2nd Quarter Earnings Report
Entergy announces layoffs across the company
Mark Cooper Report on nuclear closures and risk factors for FitzPatrick and other plants

On August 8, 2013 CAN and other petitioners were notified that the NRC Petition Review Board had accepted the petition for review by the NRC. The petition now awaits a determination by the Director of Nuclear Reactor Regulation at NRC.
August 8 letter and federal register notice from NRC

Read the November 21, 2013 letter from the New York attorney general to the NRC
Download the attachments to the letter

Supplement to 2.206 Petition Challenging Entergy's Financial Qualifications - Vermont Yankee/Fitzpatrick/Pilgrim

More information about the petition below. This supplemental information was submitted on October 15, 2014.

Letter to NRC explaining supplemental information

1) WKRB News Story: Entergy Receives "BBB" Credit Rating (ETR)
2) WKRB News Story: Entergy Downgraded to "Neutral" at Macquarie (ETR)
3) Entergy: EWC Value Story, 2014 Analyst Day, June 5, 2014
4) Transcript of Entergy Corp at Barclays CEO Energy Power Conference, September 4, 2014
5) Green Mountain Daily Blog Post: What can we honestly expect at Vermont Yankee?
6) Cape Downwinders & Pilgrim Watch petition to modify, suspend, or take any other action to the operating license of pilgrim station

State of New York Public Service Commission: First Quarter 2014 - Lightened Regulation Reporting

October 20, 2014 letter from Massachusetts Attorney General to NRC

January 27, 2015 letter from Vermont Attorney General to NRC

March 27, 2015 draft decision from NRC

April 27, 2015 letter to NRC from the Alliance for a Green Economy, Beyond Nuclear, Citizens Awareness Network, Nuclear Information and Resource Service, Vermont Citizens Action Network, and Pilgrim Watch

Final NRC decision

VT Citizens Action Network PO Box 16 Hancock, VT 05748 Tel: (802) 767-9131 Email: cevan@sover.net