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Attorney General Appeals District Court Decision In Entergy V. Shumlin

CONTACT: William H. Sorrell, Attorney General, (802) 828-3171

February 18, 2012

Attorney General William H. Sorrell has filed an appeal of the federal district court’s recent decision in favor of Entergy Nuclear Vermont Yankee. The district court, in its January 19 ruling, invalidated two Vermont statutes that gave the Legislature a say on the ability of Vermont Yankee to continue operations when its current state license expires on March 21, 2012. Attorney General Sorrell announced today that the State has appealed all aspects of the judgment entered by the district court. “We have strong arguments to make on appeal. The district court’s decision improperly limits the State’s legitimate role in deciding whether Vermont Yankee should operate in Vermont beyond March 21, 2012. The court’s undue reliance on the discussions among our citizen legislators, expert witnesses, advocates, and their constituents has the potential to chill legislative debates in the future. Left unchallenged, this decision could make it harder for ordinary Vermonters to clearly state their views in future legislative hearings,” Sorrell said.

“I have taken seriously my responsibility to make this decision. We consulted with Governor Shumlin, other executive branch officials, legislative leadership and others. We took the necessary time to thoroughly consider our options. We look forward to defending our laws in the Second Circuit,” Sorrell continued.

The appeal, filed this morning, will be heard by the Second Circuit Court of Appeals in New York City.

Given that the office is closed today, there will be a conference call by the Attorney General at 11:30 a.m. today. The call-in number is 1-888-850-4523; passcode 351309.

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