VET2000081804 - 18 AUGUST 2000 - VERNON, VERMONT, USA: A radiation contamination warning sign stands in the middle of a secure area, next to the main generator, in the Vermont Yankee Nuclear Power Plant in Vernon, Vt. Yankee was opened for inspection Thursday, August 17, 2000 as part of its sale. mc/sf/Steven E. Frischling UPI | License Photo

VERNON HILLS, Vt., April 19 (UPI) -- Owners of a Vermont nuclear power plant have filed a federal lawsuit to prevent state legislators from closing down the plant when its 40-year license expires.

The outcome of the lawsuit by Entergy Corp., owners of the 39-year-old Vermont Yankee nuclear plant in Vernon, could set a legal precedent of whether state governments can claim a role in the oversight of nuclear power plants, which are regulated by the federal government, The Boston Globe reported Tuesday.


In 2006 the Vermont state Senate voted to approve a measure giving state lawmakers the authority to approve or deny a plant's license extension, the newspaper said.

Last year, the Senate voted to close the atomic power station near the Massachusetts border when its license expires next year.

The Entergy lawsuit argues federal, not state, law governs licensing and operation of nuclear power plants.

Legal scholars say the Vermont case could be significant in defining state and federal oversight of nuclear issues.

Boris N. Mamlyuk, who teaches administrative law at Ohio Northern University College of Law, says if federal courts uphold Vermont's right to intercede, then "Nevada, California, and other states will probably renew efforts to curtail the operation of nuclear power plants.''