Vermont Statutes Annotated

Vt. Stat. Ann. tit. 10, § 6501 (2026)

✓ current as of May 2026

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Subchapter 001 : RADIOACTIVE WASTE FACILITY SITING

(Cite as: 10 V.S.A. § 6501)

§ 6501. Storage of radioactive material

(a) No facility for deposit, storage, reprocessing, or disposal of spent nuclear fuel elements or radioactive waste material shall be constructed or established in the State of Vermont unless the General Assembly first finds that it promotes the general good of the State and approves, through either bill or joint resolution, a petition for approval of the facility. No facility for the incineration of low-level radioactive waste, as defined in subdivision 7001(7) of this title, shall be constructed or established without a similar finding and approval.

(b) The construction or establishment after July 1, 1980 of a low-level, temporary storage facility is exempted from subsection (a) of this section. For the purposes of this subsection, the term “low-level, temporary storage” means storage of material:

(1) that is produced by research, educational, industrial, or medical uses not involving a fission reactor; and

(2) that has an overall radioactivity level, before any dilution, of less than one curie per cubic foot; and

(3) that either:

(A) is awaiting transfer to a commercial disposal site; or

(B) is of a material that spontaneously decreases its radioactivity level by one-half in 90 days or less. (Added 1977, No. 77, § 1, eff. April 26, 1977; amended 1979, No. 191 (Adj. Sess.), § 1; 1989, No. 296 (Adj. Sess.), § 8, eff. June 29, 1990.)

Notes of Decisions

Cited in 4 cases, 2010–2013 · leading case: Vermont Yankee Nuclear Power Corp. v. Entergy Nuclear Vermont Yankee, LLC, 683 F.3d 1330 (Fed. Cir. 2012).

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Vermont Yankee Nuclear Power Corp. v. Entergy Nuclear Vermont Yankee, LLC, 683 F.3d 1330 (Fed. Cir. 2012). · cites it 4× “” Vt. Stat. Ann. tit. 10, § 6501 (1982). Vermont Yankee enjoyed a company-specific statutory exemption for the “temporary storage .”

Entergy Nuclear Vermont Yankee, LLC v. United States, 95 Fed. Cl. 160 (Fed. Cl. 2010). · cites it 2× “A § 248 (1969); 10 V.S.A. § 6501 (1979). Taken together, DOE should have reasonably foreseen at the time of contracting that state or local costs might be imposed on nuclear utilities such as the VYNPS, regardless of its owner.”

Entergy Nuclear Vermont Yankee, LLC v. Shumlin, 733 F.3d 393 (2d Cir. 2013). “” Vt. Stat. Ann. tit. 10, § 6501 (a). However, two years later, in 1979, the Vermont Legislature *400 enacted an “exemption” provision stating that the requirements imposed by § 6501 do “not apply to any temporary storage by Vermont Yankee Nuclear Power Corporation of spent…”

Entergy Nuclear Vermont Yankee, LLC v. Shumlin, 838 F. Supp. 2d 183 (D. Vt. 2012). · cites it 2× “Vt. Stat. Ann. tit. 10, § 6501 . 9 A later-enacted “Exemption” provision, however, carved out an exception to this requirement, without expressly repealing or abrogating section 6501, and provided subchapter 1 did “not apply to any temporary storage by Vermont Yankee Nuclear…”

— Vt. Stat. Ann. tit. 10, § 6501(a) — 1 case

Entergy Nuclear Vermont Yankee, LLC v. United States, 95 Fed. Cl. 160 (Fed. Cl. 2010). “A § 248 (1969); 10 V.S.A. § 6501 (1979). Taken together, DOE should have reasonably foreseen at the time of contracting that state or local costs might be imposed on nuclear utilities such as the VYNPS, regardless of its owner.”

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