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2004 Vermont Attorney General Reports and Opinions 1 (2004)

handle is hein.sag/sagvt0044 and id is 1 raw text is: WILLIAM H. SORRELL                                         TEL: (802) 828-3171
ATTORNEY GENERAL                                         FAX: (802) 828-2154
TTY: (802) 828-3665
J. WALLACE MALLEY, JR.                               CIVIL RIGHTS: (802) 828-3657
DEPUTY ATTORNEY GENERAL                            WEBPAGE:www.state.vt.us/atg
WILLIAM E. GRIFFIN
CHIEF ASST. ATTORNEY
GENERAL
STATE OF VERMONT
OFFICE OF THE ATTORNEY GENERAL
109 STATE STREET
MONTPELIER
05609-1001
April 30, 2004
Sen. Peter Welch, President Pro Tempore
State House
Montpelier VT 05602
Re: Vermont Yankee Facility - Spent Fuel Storage
Dear Senator Welch:
In a letter to Attorney General Sorrell you have asked for an opinion
concerning legal issues involving the storage of spent fuel at the Vermont Yankee
Nuclear Power Facility (Vermont Yankee).
Your questions arise in the context of the efforts of the current operator of
Vermont Yankee to obtain approval to increase the output of the plant by 20%. If
the output of the plant is increased, fuel will be used faster and consequently the
current on-site facility for storage of spent fuel will reach the limit of its capacity
sooner.
Whether or not the output of Vermont Yankee is increased, the capacity of
the existing spent fuel storage pool at Vermont Yankee will be reached within the
foreseeable future. This opinion assumes that the operator of Vermont Yankee will
seek approval for on-site dry cask storage of spent fuel before the existing storage
pool reaches it capacity.
Your specific questions are as follows:
First, what authority or responsibility does the Vermont General Assembly
have to address the issue of dry cask storage at the Vermont Yankee facility?
Second, what is the legal difference between temporary storage and long term
storage, and are they treated differently under Vermont Law?

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