But he would have to be taken care of when the plant was operating.
The plant operates 32 hours a week, down from 45.
He also said that the company's plants were operating at a high level.
That is considered small among the 104 nuclear plants operating in this country.
Even though the plant was operating tonight, both sides said they expected to be back in court later this week.
The plant has been operating at 12 percent of capacity.
To be cost effective, the plant must operate at full capacity.
But nuclear plants do not operate at full capacity all year long.
The plant, built at a cost of $6 billion and completed in 1986, has never operated.
Once the plant was operating, even at low power, it had a demonstrated value.