REFILE-Vermont wins partial appeal victory over Entergy nuclear plant

Wed Aug 14, 2013 10:20am EDT

NEW YORK Aug 14 (Reuters) - A federal appeals court on Wednesday partially reversed a decision blocking Vermont from shutting down a nuclear power plant owned by Entergy Corp .

The 2nd U.S. Circuit Court of Appeals vacated an injunction preventing Vermont from conditioning issuing a certificate for the Vermont Yankee plant to operate on the execution of a favorable power purchase agreement.

U.S. District Judge J. Garvan Murtha in Vermont had last year found that the state's condition for the 620-megawatt plant violated the U.S. Constitution.

The New York-based appellate court meanwhile affirmed Murtha's finding that two state laws enacted based on radiological safety concerns were trumped by the federal Atomic Energy Act.

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