Friday, July 15, 2011

Seven Vermont Yankee employees sue state, claim civil rights were violated by decision to close plant: allege that Vermont has violated their civil and constitutional rights by regulating nuclear power in the state


BRATTLEBORO— They allege that Vermont has violated their civil and constitutional rights by regulating nuclear power in the state.

Michael Harris of Brattleboro, John Twarog of Keene, N.H., Derek Jones and Vincent Ferrizzi, both of Newfane, Neal Jennison of Greenfield, Mass., Albert Zander of Readsboro, and Thomas Roberts of North Adams, Mass., all work as senior reactor operators at the Vernon plant and filed the civil complaint June 22 in U.S. District Court.

All seven plaintiffs hold reactor operator licenses, specific to the plant, issued by the U.S. Nuclear Regulatory Commission.

The operators claim “a constitutionally-protected property interest in maintaining their licenses and preventing the termination of their licenses via state action without due process of law.”

The complaint argues that if a reactor operator or senior rector operator moves to another facility, “he/she needs to qualify for a license for that particular facility, which necessarily involves site-specific training and examinations.”

The plaintiffs also say they face “the reality of pay cuts, including loss of the bonus received for working on shift as a licensed operator,” as well as job benefits like seniority, if the plant closes.
Staying open

The suit aims to keep Vermont Yankee open by requesting the federal court issue a “declaratory judgment” that federal law preempts Vermont law.

“The question presented by this case is whether the state of Vermont, either through a state administrative agency (the Public Service Board) and/or the state legislature (the General Assembly) may effectively veto the federal government’s authorization to operate Vermont Yankee through March 21, 2032,” stated the suit, “and thereby deprive Plaintiffs of the constitutionally protected property interest conferred by their licenses issued by the NRC to operate Vermont Yankee.” Read More

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