Category Archives: Don Kreis

June 6, 2012, Don Kreis: State to Court of Appeals: Act 160 Just a “Process Statute”

‘Tis the season for bar exams, so here is a practice bar exam question from your friendly neighborhood energy law professor: A Vermont utility enters into a favorable, long-term power purchase agreement with a non-utility generator of nuclear power.  The … Continue reading

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Feb. 28, 2012, Don Kreis: Vermont Yankee and the Rule of Law

It is time for Vermonters of goodwill, from Gov. Shumlin to the SAGE Alliance, to inure themselves to the reality that Vermont Yankee will not be shutting down on March 21, 2012. The latest flurry of federal court pleadings from … Continue reading

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Sept. 28, 2011, Don Kreis: Searching for Your Friends at the Vermont Yankee Cocktail Party

A long time ago, during a job interview when I was a law student, the chief justice of the Maine Supreme Judicial Court asked me where I saw myself in 10 years.  “Chairman of the Maine Public Utilities Commission,” I … Continue reading

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Sept. 20, 2011, Don Kreis: The MOU Rises Again

My distinguished colleagues Cheryl Hanna and Pat Parenteau have, as usual, offered cogent insights into what might happen next in the Vermont Yankee litigation.  I respond to them with considerable reluctance – after all, they were able to attend at … Continue reading

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Aug. 5, 2011, Don Kreis: A Ptolemaic Policy Pronouncement from Peter Shumlin?

Editor Anne Galloway of the news web site VTDigger.org recently spent a long day driving around the state with Gov. Shumlin. Among her conclusions after 13 hours of meeting and greeting is that the former state Senate leader has changed … Continue reading

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July 19, 2011, Don Kreis: Entergy Wins by Losing on Temporary Injunction

Monday’s much anticipated decision by U.S. District Judge J. Garvan Murtha, denying Entergy’s request for a temporary injunction to keep Vermont Yankee open, contains something for everyone and is, thus, capable of many interpretations. One worth considering is the possibility … Continue reading

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June 30, 2011, Don Kreis: The Waiver Theory Won’t Fly

Monday, June 27 was a memorable afternoon for me.  I had the honor of sharing the podium with two very distinguished colleagues, Cheryl Hanna and Pat Parenteau, to talk about the pending Vermont Yankee litigation. But what I will really … Continue reading

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June 24, 2011, Belly Buttons and Blarney in Brattleboro

John Herron, CEO of Entergy’s nuclear operations, seems affable enough. He drew a laugh in U.S. District Court in Brattleboro on Thursday when he referred to a “belly button count” as a folksy synonym for the number of people working … Continue reading

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June 22, 2011, Pat Parenteau and Don Kreis Discuss Vermont Yankee Lawsuit

Listen to VPR’s Vermont Edition to hear professors Pat Parenteau and Don Kreis discuss the Vermont Yankee lawsuit and the key hearing  June 23-24  in U.S. District Court.

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May 7, 2011, Don Kreis: An Inconvenient Truth — Entergy Might Win

In a vtdigger.org commentary May 7, 2011, Assistant Professor Don Kreis wrote that Entergy may prevail in its lawsuit aimed at preventing the state of Vermont from closing Vermont Yankee. What a bizarre world it is, in which a giant … Continue reading

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