FILE - This is an undated file photo showing an aerial view of the Vermont Yankee nuclear power plant in Vernon, Vt. On Monday, Jan. 14, 2013, a federal appeals court is set to hear

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FILE - This is an undated file photo showing an aerial view of the Vermont Yankee nuclear power plant in Vernon, Vt. On Monday, Jan. 14, 2013, a federal appeals court is set to hear oral arguments over whether Vermont's only nuclear plant can continue operating without the approval of state regulators. (AP Photo/Vermont Yankee Corporation, File) less