What is marriage equality?  

Before I became a Justice of the Peace, I thought civil unions were the cutting edge answer that gay and lesbian couples desired.  

I have been active in my church, and my husband and I just celebrated our 30th wedding anniversary in January.  We also spent we spent five years as a presenting team for Christian Marriage Encounter*, so I believe that I have a clear understanding of the depth of commitment required in a marriage.  

I originally ran for Justice of the Peace because I wanted to be able to perform civil unions as well as weddings, and I was just reelected as a JP.  I am proud that Vermont took that bold cutting edge step of creating civil unions for same sex couples in spite of all the negative rhetoric during the legislative process.  

Each one of the almost 40 weddings and civil unions I have performed during the past two years has been an eye opening and touching event.

I was only halfway through my first season of performing civil unions when I began to feel that something was sadly wrong with our system.  The couples for whom I performed civil unions were as deeply committed and as deeply in love as the heterosexual couples for whom I performed weddings.  While civil unions were a giant step forward for Vermont and the country, civil unions are entirely separate and certainly not equal to marriage.

I am not here to argue what traditional definition of marriage has or has not been.  During different times in history a marriage has traditionally been between a man and a woman, while in the polygamous societies that exist in some of our allies cultures and right here in the US in some Mormon sects, marriage is between one man and several or many women.  

I am here to talk about marriage as a union between two adults.  

A few months back, while I was out walking my dog, Steve stopped me, and said he wanted to chat.  He said that he had noticed I was a JP and had a question for me.

“What do you think of civil unions and the possibility of gay marriage,” Steve asked.

I took a deep breath.  While we have been casual friends for almost four years, I know he is very active in the Roman Catholic Church and recently lost his wife following a long illness.  

Nervously, I said I have come to believe marriage equality is the direction in which we must move.  The couples for whom I am performing civil unions are as deeply in love and committed to each other as the couples for whom I perform weddings. I believe, however, the issue is quite simple, “separate but equal” is never equal.  

Steve smiled.  “Thank you,” he said.  “My daughter is a lesbian.  I love her.  I want her to have the same rights as every person.”  

Right now in Vermont, those same rights do not exist.  Civil unions do not afford couples the same legal and financial protections that a marriage does.  It is discrimination.  Growing up in the 1950’s and 1960’s I met many couples who raised their children without the emotional support of their families or communities simply because the couple was mixed ethnically, religiously, or racially.  Those times must be over.  I have friends here in Vermont who were not accepted as grandchildren by the one half of their family only because one of their parents was French Canadian, so they were considered “foreign”.  

It is quite simple.  Stop the discrimination and move away from fear and hatred.  This is not a moral issue.

As someone who has been married for 30-years, I find it encouraging and refreshing to know that once again others value the commitment of marriage.  That commitment should be available for every adult, whether they are of different religions, ethnicity, races, or sexual orientation.

I urge you to come to the Statehouse tomorrow for Freedom to Marry visibility day.  Meet many committed couples and many other Vermonters who support them.  Please join with us to let our governor and legislators know you support equality in marriage.  

If you can’t make it to the Statehouse tomorrow (Friday, February 6, 2009), please call, email, and write to the governor and your legislators.  Visit Vermont’s Freedom to Marry site for more information: http://eqfed.org/vfmtf/events/…

Senate President Pro Tem Peter Shumlin agreed that it is not a question of yes or no in a July 2007 interview with Burlington Free Press reporter Terri Hallenbeck.  

“Shumlin said same-sex marriage legislation is inevitable. “It’s not a question of yes or no. It’s a question of when,” he said.”

That quote was almost two years ago.  The time is now.  

In case you missed it, and for other reasons why you should support Marriage Equality read Caoimhin Laochdha’s earlier post: Marriage Equality — Friday at the State House

 http://greenmountaindaily.com/…

In past generations, religion, ethnicity, or race were real barriers to marriage while today it is sexual orientation.  

When I was in college in early the 1970’s, one of my roommates got married.  She was Protestant and her husband to be was Roman Catholic.  His family was horrified that she was not Catholic, but they were so committed as a couple that she took classes and converted to the Roman Catholic faith.  She was a straight “A” honor student, working to put herself through college with an assortment of scholarships, grants, and aid packages, and doing community service work in her free time?  Oh, by the way, the couple grew up in the same hometown and had similar ethnic and cultural backgrounds, which certainly should have been cause for an easy transition.

Finally, the wedding day arrived.  My roommate was a beautiful bride, the service was lovely, and was equally a celebration of my roommate’s conversion to Catholicism.  I imagined that the groom’s parents were overjoyed.  As the bridal party walked to the front of the church, the groom’s parents and his younger siblings walked up to the altar.  I thought it was touching that the whole family laid flowers at the statute of the Blessed Virgin Mary, until the family rose and exited out the back of the church.  In a heartbreaking slap against this couple’s marriage, the groom’s family did not attend the reception.

Whether the issue is religion, race, ethnicity, or sexual orientation, marriage should not be used as a tool to withhold acceptance into community and equality in society.

Lately, I have heard some people say that in this time of economic crisis we cannot afford to waste our time on anything but Vermont’s budget.  I disagree.  In this time of economic stress and chaos, it is more important than ever to put family first by emphasizing marriage and family unity no matter what the religion, race, ethnicity or sexual orientation of the couple wanting to commit their lives to each other.

The first time I ran for JP, I was aware that some JP’s were simply “unavailable” for civil unions.  While the law specifies that one may not discriminate, it was easy for some JP’s to say I am on vacation, I’m working, I have guests coming from out of town, my child has a sports competition that day, or I am already booked for a wedding or another civil union, so please find someone else.  The only problem being that oftentimes there are simply not enough available JP’s, especially during Vermont’s high season for weddings.  So I ran for JP, was elected, and available to perform both civil unions and weddings.

*Marriage Encounter (M.E.) is a religiously-based weekend program designed to help married couples improve their marriage, grow closer to each other, and improve commitment to each other.        

Check it out.  WhiteHouse.gov has a whole new look.

Music to my ears.  As a Mac user, blogger, and constant internet user for my job, I love that both President Obama and Vice President Biden are internet savvy Mac users.  

[Wow it is so nice to type President Obama and Vice President Biden without the term “elect”.]

President Obama has already brought 21st century change to the White House.  Not only will Obama use a laptop in the oval office, but The White House website has a fresh new look with its daily blog.  Check it out under the tab:  The Briefing Room.

Also meander over there every Saturday morning to check out President Obama’s weekly video address at  http://www.whitehouse.gov/week…

Even more importantly, want things quickly and up to the minute, then sign up for Obama’s twitter account.  

Obama takes over thewhitehouse twitter account. Follow @ http://twitter.com/thewhite…,

Special thanks to Tristan O’Neil, Director of New Media at Vermont Business Magazine for the head’s up on all these Presidential electronic media changes!

Please note that any vagueness in this account is done to protect the identity of patient and medics as required by HIPPA regulations.

I often look at the crisis management side of major events given that for several years I was a volunteer in an ambulance corps, and my 26-year-old daughter is a full-time paid paramedic.

The Inauguration of our 44th President Barack Obama was incredible for its lack of crisis.  

More than one million people standing shoulder to shoulder for hours upon hours in the cold to witness the historic inauguration.  

Thousands upon thousands of people never even made it on to the Mall.  Yet, there were no demonstrations, no major medical emergencies, and no necessity of emergency fire and police aid.  In spite of the thousands of people waiting to witness, this event, who didn’t get inside, things were calm and peaceful.   No need for fire hoses to quell the angry spirits of Limbaugh fans and other hate groups clamoring immediately on TV and the Internet for the failure of Obama’s presidency.

Yes, after the inauguration, Senator Ted Kennedy had a seizure due, according to his doctors, to his brain cancer and exhaustion.  He was speedily transported to the hospital, and we all wish him well.  My son, his wife and many of my friends from all over the country the country were on the Mall as witnesses to this historic event.  I was even lucky enough to celebrate at Nectar’s [photos to come later].  

While we witnessed and cherished the day, my paramedic daughter was on roaming ambulance sent from location to location on a 10 a.m. to 10 p.m. shift.  I rang her late last night just after her shift ended to share our feelings about the day. Had she and her ambulance partner had any opportunity to see or hear any portion of the inauguration?  Yes, they were watching Vice President Biden being sworn in on a big screen TV in Circuit City where they had stopped for a pit stop, when they were called out for an emergency.  

She said they went lights and sirens to rescue a middle-aged woman allegedly having a stroke.  When they arrived the woman was lying on the floor and incredibly disorientated.  She could not get her breath, was unable to speak, and seemed not to know what day it was.  Her young daughter was standing in a corner crying, terrified by what was happening to Mommy, and a neighbor friend was standing by.

While my daughter began to assess and treat the woman, the other paramedic made sure the daughter was OK to leave with the neigbor.  A possible stroke in middle-aged woman is clearly an unusual event, so the two paramedics moved as quickly as possible to get the woman to a hospital, as she was so unresponsive and incoherent.  

As they rushed lights and sirens to a large stroke center emergency room, my daughter tried repeatedly to calm her patient, asking her once again if she knew where she was, finally getting a response of “yes, in the ambulance”.  

“Do you know what month this is,” the paramedic asked.  The patient answered affirmatively that it is January.  

“And, do you know what day it is,” the medic prodded.

“Yes,” the woman wept, “today is a horrible day because the wrong man is being sworn in as our President.”

Old fears and hatred die hard.  

Today is the final countdown for “Mission Accomplished”.  Tomorrow, when President Elect Barack Obama is sworn in as our 44th President, George Bush’s mission accomplished act will be over.

Last week in the middle of a snow storm, my 136-pound Bernese Mountain Dog Hobbes and I were out for a walk. He, of course, bounded through the snow to greet every long lost neighbor.  Hobbes has always liked one particular guy, from whom I have kept my distance.  While he seemed nice enough, I was quite sure he was a strong Bush Republican given his job with Mr. Bush’s newest and favorite federal agency.

I guess Hobbes is a better judge of character.  While this guy was petting Hobbes, I neighborly asked, “How’s work?” expecting to get some type of Bush style patriotic response.  

“You must be sad that President Bush is stepping down,” I said.  

“No, way!” he retorted.  “Let me show you my little buddy, and you’ll see.”  [Nah, it’s not what you think.]

But, you are right, when a male neighbor I barely know offers to show me his “little buddy”, I might have had cause for concern.  However, a female neighbor friend had also just arrived to visit Hobbes and join our conversation.  There is safety in numbers.  So we stood on the sidewalk with Hobbes chatting amicably while waiting patiently to meet my neighbor’s “little buddy.”

I thought I would fall over laughing as this 60-year-old federal agency employee returned with a 12″ GI Joe-style Dubya Doll.  He said, “Here he is, Mr. Mission Accomplished himself.  Look his middle finger is even up for the time he gave the finger to the press corps.”

“He only cost me $19.95 on a close out sale, so I couldn’t resist,” my neighbor guy said.  He elaborated that for only $20, he has been able to look Mr. Mission Accomplished right in the eye and tell him that his time is limited and soon we’ll have a real president.  

How fitting, Mission Almost Accomplished.

Winter in Vermont, I never know who I’ll meet, but I can count on the fact that it will never be George W. Bush, since Vermont is the one state he refused to visit throughout his presidency.  🙂

 

For years, Vermonters have faced the lingering question of what to do without Vermont Yankee Nuclear Power Plant scheduled to shutdown in 2012.  Today, Vermont Utilities announced that they have received Dozens of energy offers after filing a RFP (Request for Proposal).

http://money.cnn.com/news/news…

Vermont’s three-largest electric utilities have received dozens of new energy sales proposals in response to a comprehensive market request issued late last fall. "We are pleased with the variety, number and range of potential options we have received," Central Vermont Public Service (NYSE: CV), Green Mountain Power and Vermont Electric Cooperative said in a joint statement.  "There are dozens of bids, ranging in duration from a year to two decades, representing a wide range of electricity sources, with a mix of costs and attributes.

According to Ross Sneyd, VPR,

Windmills, solar panels, even coal could provide electricity to Vermont in coming years.

The state’s three largest electric utilities have been looking for generators that could replace power contracts that begin to expire in three years.

As VPR’s Ross Sneyd reports, the utilities found dozens of companies that would like to sell them power.

(Sneyd) Hydro-Quebec and Vermont Yankee are the power plants that for years have kept the lights on in Vermont.

They supply two-thirds of the electricity sold in Vermont. But with contracts for that power set to expire, the biggest utilities decided to band together in search of replacements.

We’ve heard it all before:  Vermont cannot survive without Vermont Yankee.  Yet today’s RFP’s showed that more than 1,000 megawatts are available from a variety of power producers and developers.

Given the NRC’s abysmal record of oversight and enforcement, no place to store a growing pile of nuclear waste casks, and an aging plant that seems to need a new repair every week, if not several as occurred this week, I hope Vermont’s utilities and legislators will look at the many viable alternatives on our horizon.

According to the CVPS press release,

Bids were opened this week on the first RFP; the bids on the second RFP are not due until the end of the month.

“Bidders include power marketers, energy developers, existing and to-be-built power plant owners and banks,” the utilities said. “In total, bidders offered more than 1,000 megawatts, so there is a healthy mix of potential options. Some of the bids are quite attractive environmentally, many offer significant baseload options, and some are unique and worthy of considerable consideration.”

Over the next few weeks, the utilities will begin to winnow the field, and bidders with proposals deemed among the best will be asked to make final offers. The utilities hope to make awards and sign contracts based on the RFPs this spring.

The utilities said that among the factors to be considered in both RFPs are price, volatility or stability, fuel diversity, environmental attributes, public preferences based on the results of the state’s public outreach process and reliability.

The RFPs were distributed to all New England Power Pool participants, power suppliers and developers. Bidders are from across the Northeast and Canada.  More information about the RFPs can be found at www.cvps.com.

What’s your take?

According to Nancy Remsen of the Burlington Free Press,

Tim Ashe of Burlington, who ran as both a Democrat and Progressive, will take a seat in the Senate, he learned Wednesday after a night of uncertainty.

An incorrect number in Ashe’s vote count for one ward had put Ashe in seventh place in the Chittenden senate district race. There are just six seats.

After the vote tally was corrected Wednesday, Ashe moved up ahead of Democrat Denise Barnard of Richmond.

The six Chittenden senate winners and their vote counts are as follows:

   * Doug Racine, 44,675

   * Ed Flanagan, 38,927

   * Ginny Lyons, 35,801

   * Diane Snelling, 32,322

   * Hinda Miller, 31,395

   * Tim Ashe, 28,048

Congratulations Tim!

No, the problem is not with Burlington’s voting system, but state law according to Burlington CFO Jonathan Leopold and Secretary of State Deb Markowitz.

According to WCAX, State Law forbids a city, town or district to release any numbers if votes do not tally correctly with number ballots.

Burlington had to hand count more than 20,000 ballots to look for write-ins, and legally was not allowed to release any numbers until all ballots were counted according to state law.  

Secretary of State Deb Markowitz noted that Burlington did it right this time.  She added that maybe it is time to change the law which pre-dated scanners and was written when all ballots were hand counted.  Markowitz said that preliminary numbers could be released if the statute is changed, with notation that the numbers are preliminary.

My Grandmother, who was born in 1892, was a suffergette, meaning that she practiced suffrage — marching and protesting for the right and privilege of women to vote.

A friend of mine, in her 70's sent me this photo yesterday.  I admire this friend a great deal.  She is using her elder years to walk all over the world for peace and the end of nuclear weapons. 

Yesterday when my friend sent me this photo, I immediately thought of my Grandmother.  Grandma was one of a kind.  She was an artist who painted until two weeks before her death at 97-years-old.  She went to art school, had a career, and worked to pick up the financial ruin of the depression.  Her parents immigrated to the US.  She was a shining example to all of her grandchildren and great-grandchildren.

Today when I vote for Obama, I will remember my grandmother.

It is the Governor Douglas “hidden” tax hike, which will be assessed to every Vermonter.

Like every other state in the country, Vermonters are facing tough economic times.  Bush’s tax cuts to the wealthy and increased tax burden upon the middle class in the midst of escalating medical insurance costs, job loss, and the financial debacle facing banks and mortgage lenders have left the economy almost in ruin.

Vermonters are seeing those financial constraints first hand in cuts to vital social services as state jobs are cut to balance the budget, while Governor Douglas retains a $400,000 taxpayer supported PR staff, according to Shay Totten of Seven Days (http://www.7dvt.com/2008blame-game).  Now in the latest insult to injury, the Governor claims that he has the right to campaign on taxpayer dollars.  This story first broken by Shay Totten (http://www.7dvt.com/2008governors-free-ride), has been thoroughly expanded on Green Mountain Daily by Nate Freeman http://greenmountaindaily.com/showDiary.do?diaryId=3521.  After being bombarded by rallies across the state, http://greenmountaindaily.com/showDiary.do?diaryId=3532, Douglas suddenly claimed that he was repaying the state for his campaign phone calls and copying costs.  Of course in typical Douglas fashion, there are no records…

But wait, it gets worse, much worse.

Those issues pale in comparison to the Guv’s biggest whopper.  Yes, it is the Douglas’s unbridled support of Entergy Nuclear Vermont Yankee LLC.  Read those last three initials again – LLC. Those three initials that stand for Limited Liability Corporation.  Aye, there’s the rub, to quote Hamlet as he contemplates suicide.   Talk about financial suicide, because ENVY is an LLC with no assets to support Vermont Yankee’s cleanup, Governor Douglas would rather add a tax burden of $1,000 to each and every Vermonter (yes, every man, woman, and child) than to tell ENVY it is time to fill the fund.  Take a look at this graph, and then say in unison, “THANKS JIM!”

The graph shows the gap between what Entergy has saved and what it will owe to dismantle Vermont Yankee’s carcass.  Why does Entergy Nuclear Vermont Yankee (ENVY) get to make over $150,000,000 each year and then leave us holding the bag for more than half a billion dollars in clean up costs?   Do the math.  That is a tax of at least $1,000 for each and every Vermonter. Lets all say in unison, “Thanks Jim!”

In April your Legislature passed a bill to requiring Entergy to fully fund Vermont Yankee’s Decommissioning Fund.  Governor Douglas vetoed that bill claiming that it would be an unfair burden for Entergy.  An unfair burden for Entergy?  Seems to me that his is just more Bush corporate economics… give to corporations and take from the middle class taxpayer!

Almost one year ago, when I did the original analysis regarding the lack of money in ENVY’s Decommissioning Fund, the Douglas administration claimed that I did not know what I was talking about and that my allegations were simply untrue.  I imagine the Douglas PR minions will make this claim again.  FYI, my allegations bore up under the full scrutiny of the Legislature.  In response, the Legislature passed the Bill that would have had Entergy put money into OUR fund.  Yes, it is OUR fund.  Each and every Vermonter paid into that fund.  And, Entergy has not added any of its profit to that fund since it purchased the plant in 2002.  Check that graph out again, and say “Thanks Jim!”

In response, the Douglas administration claims that the NRC will enforce Entergy’s duty.  Not true.  Entergy is already claiming that the responsibility is that of the Vermont Yankee’s original owners, thus Vermonters will pay for decommissioning and dismantling the carcass of Vermont Yankee, while Entergy continues to make its $150 Million in excess profit per year.

The Courts have sustained the fact that state residents must pay when a decommissioning fund is short.  Doubt me?  Ask the residents of Connecticut who had to pay more than $400 Million when Connecticut Yankee’s decommissioning fund came up short.  Ask Massachusetts residents who had to pay for the extra decommissioning costs of Yankee Rowe.  

Protect your family from hidden taxes, VOTE AGAINST Douglas on Tuesday.

Who do you believe?

Entergy?  The NRC?  Concerned citizens like me?

I work as a paralegal specializing in nuclear safety litigation.  What does that mean?  I work with lawyers and nuclear safety experts all over the country and in Canada to hold the nuclear industry to federal and Canadian statutes and to make sure that the NRC and Canadian government are meeting their primary mission to protect public health and safety.  I am also a former nuclear industry employee.

When my firm Fairewinds Associates, Inc wrote the two white papers last year that alerted the Vermont Legislature to the shortage in the decommissioning fund, my work was criticized quite heavily in the press and in public by the Douglas Administration, Commissioner O’Brien and Entergy spokespeople who vehemently denied my firm’s concerns.

I worked all legislative session to help legislators understand the magnitude of the lack of money within the decommissioning fund, and while the Bill did pass the legislature, it was not veto proof.  Check out the legislative record.  See how your legislator voted and if they voted against the bill, ask him or her why he or she voted against protecting Vermonters from financial usury by an out of state corporation.  

Did you know that Entergy makes at least $150 million in profit per year from Vermont Yankee.  Quite a tidy sum to send to headquarters in Louisana, where CEO, J. Wayne Leonard earned a hefty $40,000,000 during the past five years, making him the 11th most highly paid utility executive in the country according to the May 2007 Forbes Magazine.

My concern has always been that without adequate money in the decommissioning fund, Vermonters will get stuck footing the bill.  

The NRC claims,

“that if there is a shortfall in the VY decommissioning fund, Entergy is on the hook,”

according to Fair Game columnist Shay Totten in this week’s Seven Days (http://www.7dvt.com/2008l-word).  

“If we determine that the growth of the funds would be insufficient to properly decommission the plant when the time comes, we can require the company to address that,” NRC spokesman Neil Sheehan said.

May I remind you that NRC spokesperson Neil Sheehan is the same NRC spokesperson who initially told Vermonters that the cooling tower collapse, was only a slight deformity in the wood, that is until a nuclear whistleblower slipped out the infamous pictures that told Vermonters the whole story.

And ratepayers in other states like Connecticut and Massachusetts have been forced to pay the bill left behind when Connecticut Yankee and Massachusetts Yankee Rowe were decommissioned and dismantled.  The NRC did not make the utilities clean up their own mess.  In Connecticut, for example, the ratepayers fought a court suit to try to force payment by the utility, and they still got stuck for the $500 Million shortage.

What does it mean to decommission Vermont Yankee?

Originally decommissioning Vermont Yankee meant that the plant would be shut down, slowly taken apart (dismantled), and every radioactive part and the fuel would be shipped to another location where it would be kept for the thousands of years it will take for the radiation to decay away.

When Vermont Yankee was first built, Vermonters were led to believe that it shut down in 2012, the plant would be completely dismantled and Vermont would be left with what is called a green field area — totally clean and ready for other public use.

Two critical issues have changed.  First there is no federal repository for the nuclear fuel.  So it will continue to sit there as it remains in Maine – from Maine Yankee, Massachusetts — from Yankee Rowe, and Connecticut — from Connecticut Yankee.  Second, while those sites were completely dismantled, that may not be possible with Vermont Yankee because unless the plant is shut down relatively quickly, there will be no place to ship the rest of the highly radioactive waste, like the reactor head and other contaminated materials.

Thus even if Entergy Nuclear Vermont Yankee (ENVY) is shut down in 2012, and even if there were enough money in the fund to entirely dismantle the plant and ship it elsewhere, there may be no place available to ship the carcass (as Senate President Pro-Tem Peter Shumlin rightfully calls it).  

More disturbingly, even if there is a place to ship ENVY’s dismantled carcass, the NRC which has the federal authority to trump any Vermont Law, has decided on its own that nuclear power plants can be mothballed for as long as 60 years after shutdown.  NRC calls this process SAFESTOR.  

More about SAFESTOR and other decommissioning issues in the next installment.

Last year I issued two white papers regarding my concerns with Vermont Yankee’s Decommissioning Fund and the Fund Gap between the monies available and the actual cost of decommissioning.

Now today, the status of Entergy’s Vermont Yankee Decommissioning Fund since the Wall Street Meltdown were finally released.  As of September 30, 2008, ENVY’s Decommissioning Fund contains $397,035,937, which is the 2006 level of an already paltry fund.

According to the Vermont State Auditor, the Fund had been reported by DPS as delineated below:

Date                                         Amount in the Trust Fund

July 2002                                            $304,000,000

Dec 31, 2003                                       $352,718,739

Dec 31, 2004                                       $372,800,000

Sept 30, 2005                                      $380,078,031

March 31, 2006                                   $391,882,501

Sept 30, 2006                                      $402,410,980

Dec 31, 2006                                       $416,715,821

Dec. 31, 2007                                      $439,570,000

June 30, 2008                                      $413,200,000 (est)

September 30, 2008                          $397,035,937

DPS earlier reported that the funds were invested in:  Delaware Qualified Fund, Mellon Qualified Fund, Duff & Phelps Qualified Fund, Mellon NQ, Mellon MCF -NQ and Delaware NQ.

One of my concerns was that DPS reported that the rate of return from July 2002 into 2007 was about 6.75%.  In its analysis Entergy applied a growth rate of 5.54%.  [Please note that the NRC uses 5% as its cap.  I’m still wondering how that one gets by the NRC!]

Using the 5.54% growth rate noted above applied to the 12/31/2007 market valuation, the Fund would have been expected to be at approximately $464 million at Dec. 31, 2008.

It is sadly short of that figure.  The actual letter from attorneys is below the fold.  More to come from me tomorrow and Friday.

October 7,2008

Sarah D. Hofmann, Esq.

Vennont Department of Public Service

Drawer 20, 112 State Street

Montpelier, VT 05620-2601

SUBJ: Decommissioning Trust Fund for the Vennont Yankee Nuclear Power Station (the “Fund”)

Dear Sarah:

On behalf of Entergy Nuclear Vermont Yankee, LLC, and Entergy Nuclear Operations, Inc.

(together, “Entergy VY”), this letter responds to the Department of Public Service’s (the

“Department”) request for information dated September 26, 2008 (the “Information Request”),

pursuant to 30 V.S.A. 5 206, asking Entergy VY to provide “the total market value figure for the

Vermont Yankee Decommissioning Trust Fund as of close of business on September 18,2008

and September 25, 2008.”

Following our receipt of that request, I left you a voicemail message in which I informed you

that Entergy VY does not have information that would enable it to calculate the total market

value of the Fund on those two dates without requesting and incurring the expense for a special

valuation.’ I also informed you that Entergy VY receives reports stating the total market-value

figure for the Fund monthly, that the closest date to the dates requested would be September 30,

2008, and that Entergy VY would not have the information for that date until several business

days following September 30, 2008. You left me a voicemail message indicating that the

Department would accept, as responsive to the Information Request, the total market-value

figure for the Fund as of September 30,2008.

Entergy VY accordingly responds to the Information Request as follows: As of September 30,

2008, the market value for the Fund was $397,035,937.

Let us know if the Department requires information additional to the information from Entergy

VY provided by this letter.

Very truly yours,

DOWNS RACHLIN MARTIN PLLC

Attorneys for Entergy Vermont Yankee, LLC.

PS – I will not be responding to questions tonight, not because I do not want to, but because as a Burlington Public Works Commissioner, I will be in a meeting all evening.  More to come from me tomorrow and Friday.