NY appeals court hears nuclear plant arguments

Vermont lawyer asks NY appeals court to let state decide if nuclear plant can keep operating

NEW YORK (AP) -- A New York federal appeals court has heard arguments but not shown which way it's leaning in a dispute over Vermont's only nuclear plant.

A 2nd U.S. Circuit Court of Appeals panel in Manhattan questioned both sides Monday in the dispute over the future of the Vermont Yankee nuclear plant.

The Nuclear Regulatory Commission has given the 40-year-old plant an extension to operate for another 20 years. However, the state says it has not given its OK for the plant to continue operating.

A lower court ruled for the plant's operator, Entergy Nuclear Operations Inc. It says safety concerns are the responsibility of the federal government. But a state lawyer says there are non-safety reasons the plant needs state approval. The court did not rule Monday.