ML083120350
| ML083120350 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee File:NorthStar Vermont Yankee icon.png |
| Issue date: | 10/28/2008 |
| From: | Cindee Stetson Entergy Nuclear Generation Co, Entergy Nuclear Operations, Entergy Nuclear Vermont Yankee, Hogan & Hartson |
| To: | Donovan R NRC/OGC, US Federal Judiciary, Court of Appeals, 1st Circuit |
| James Adler, 301-415-1656 | |
| References | |
| 08-2267 | |
| Download: ML083120350 (12) | |
Text
HOGAN &
HARTSON Hogan & Hartson LLP Columbia Square 555 Thirteenth Street, NW Washington, DC 20004
+1.202.637.5600 Tel
+1.202.637.5910 Fax www.hhlaw.com October 28, 2008 Catherine E. Stetson Partner (202) 637-5491 cestetson@hhlaw.com BY FEDERAL EXPRESS Honorable Richard Cushing Donovan Clerk United States Court of Appeals for the First Circuit John Joseph Moakley U.S. Courthouse 1 Courthouse Way Boston, MA 02210 Re:
Commonwealth of Massachusetts v. United States Nuclear Regulatory Commission and the United States of America, Case No. 08-2267
Dear Mr. Donovan:
On behalf of Entergy Nuclear Operations, Inc., Entergy Nuclear Vermont Yankee LLC, and Entergy Nuclear Generation Company (hereinafter and collectively "Entergy"), please find enclosed for filing in the above-referenced appeal an original and three copies of the following:
- 1.
Entergy's Motion for Leave to Intervene;
- 2.
Entergy's Corporate Disclosure Statement;
- 3.
Appearance Forms; and
- 4.
Certificate of Service.
Also enclosed are additional copies of the above documents to be date stamped and returned in the enclosed, self addressed, stamped envelope provided for your convenience.
Honorable Richard Cushing Donovan October 28, 2008 Page 2 As indicated on the Certificate of Service, copies of the Motion for Leave to Intervene, Corporate Disclosure Statement, and Appearance Forms were served on all parties pursuant to F.R.A.P. 15(d).
Sincerely, Catherine E. Stetson Enclosures cc:
All Counsel
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT
)
COMMONWEALTH OF
)
))
Petitioner,
)
No. 08-2267
)
- v.
))
UNITED STATES NUCLEAR
)
REGULATORY COMMISSION and
)
the UNITED STATES OF AMERICA,
))
Respondents.
)
MOTION OF ENTERGY NUCLEAR OPERATIONS, INC.,
ENTERGY NUCLEAR VERMONT YANKEE LLC, AND ENTERGY NUCLEAR GENERATION COMPANY FOR LEAVE TO INTERVENE Pursuant to 28 U.S.C. § 2348 and Rule 15(d) of the Federal Rules of Appellate Procedure, Entergy Nuclear Operations, Inc., Entergy Nuclear Vermont Yankee LLC, and Entergy Nuclear Generation Company (collectively, "Entergy")
hereby move to intervene in the above-captioned action as a respondent in support of the agency decision identified in the Petition for Review filed by the Commonwealth of Massachusetts ("Commonwealth"). In support of its motion, Entergy states the following:
- 1.
The Commonwealth seeks judicial review of a United States Nuclear Regulatory Commission ("NRC") decision denying a petition by the
Commonwealth for rulemaking "related to [Entergy's] applications for a 20-year extension of the licenses to operate the Pilgrim Nuclear Power Plant in Plymouth, MA and the Vermont Yankee Nuclear Power Plant in Vernon, Vermont."' Petition for Review 1.
- 2.
The Commonwealth contends that the NRC violated the Atomic Energy Act, the National Environmental Policy Act, and the Administrative Procedures Act by denying its rulemaking petition requesting the Commission provide an Environmental Impact Statement ("EIS") as part of the re-licensing process for the Pilgrim and Vermont Yankee nuclear power plants or through' generic rulemaking to address the environmental impact of hypothetical spent fuel pool accidents. Petition for Review 2.
- 3.
The Commonwealth seeks to have the Court order the NRC to prepare an EIS applicable to the Pilgrim and Vermont Yankee nuclear power plants and to declare that the NRC'may not permit Energy to continue to operate the Pilgrim and Vermont Yankee plants past the expiration of their current licenses. Petition for Review 3.
Entergy Nuclear Vermont Yankee LLC is the licensed owner and Entergy Nuclear Operations, Inc. is the licensed operator of the Vermont Yankee Nuclear Power Station. Entergy Nuclear Generation Company is the licensed owner and Entergy Nuclear Operations, Inc. is the licensed operator of the Pilgrim Nuclear Power Station.
2
- 4.
Entergy participated in the rulemaking proceeding that the Commonwealth asks this Court to review. Entergy also participated as a party in both the NRC license renewal proceedings for its Vermont Yankee and Pilgrim plants and in the earlier related proceeding before this Court. See Massachusetts v.
United States, 522 F.3d 115 (1st Cir. 2008).
- 5.
The NRC decision and Petition for Review directly affect the re-licensing of nuclear plants owned and operated by Entergy. Accordingly, Entergy has substantial, direct and tangible interests in the resolution of this proceeding.
As a party to the agency proceeding now on judicial review and as an entity whose interest will be affected if the NRC decision is enjoined, set aside or suspended, Entergy respectfully submits that it is entitled to intervene in this action as a matter of right. See 28 U.S.C. § 2348.
Counsel for Entergy has been authorized by Matthew Brock, counsel for the Commonwealth, and James Adler, counsel for the NRC, to represent that they consent to Entergy's intervention in this action. Entergy supports the NRC's motion seeking to transfer this proceeding to the Second Circuit in light of the two petitions for review pending with that Court concerning the same agency action.
3
Respectfully submitted, Of counsel:
William C. Dennis, Esq.
Kim F. Bridges, Esq.
Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601 (914) 272-3323 Dated: October 28, 2008 Catherine E. Stetson Jessica L. Ellsworth HOGAN & HARTSON LLP 555 Thirteenth Street, N.W.
Washington, D.C. 20004 (202) 637-5491 David R. Lewis PILLSBURY WINTHROP SHAW PITTMAN LLP 2300 N Street, N.W.
Washington, D.C. 20037 (202) 663-8000 Counsel for Entergy Nuclear Operations, Inc., Entergy Nuclear Vermont Yankee LLC, and Entergy Nuclear Generation Company 4
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT
)
COMMONWEALTH OF
)
))
Petitioner,
)
No. 08-2267
)
v,
))
UNITED STATES NUCLEAR
)
REGULATORY COMMISSION and
)
the UNITED STATES OF AMERICA,
))
Respondents.
)
CORPORATE DISCLOSURE STATEMENT FOR ENTERGY NUCLEAR OPERATIONS, INC., ENTERGY NUCLEAR VERMONT YANKEE LLC, AND ENTERGY NUCLEAR GENERATION COMPANY Pursuant to Rule 26.1 of the Federal Rules of Appellate Procedure, Entergy Nuclear Operations, Inc., Entergy Nuclear Vermont Yankee LLC, and Entergy Nuclear Generation Company submit this Corporate Disclosure Statement.
Entergy Nuclear Operations, Inc., a Delaware Corporation, is a direct wholly owned subsidiary of Entergy Nuclear Holding Company #2 and an indirect wholly owned subsidiary of Entergy Corporation. No other publicly held company has 10 percent or more equity interest in Entergy Nuclear Operations, Inc.
Entergy Nuclear Vermont Yankee LLC, a Delaware Limited Liability Company, is a direct wholly owned subsidiary of Entergy Nuclear Vermont
Investment Company, LLC, and an indirect wholly owned subsidiary of Entergy Nuclear Holding Company #3, Entergy Nuclear Holding Company, and Entergy Corporation. No other publicly held company has 10 percent or more equity interest in Entergy Nuclear Vermont Yankee LLC.
Entergy Nuclear Generation Company, a Massachusetts Corporation, is a direct wholly owned subsidiary of Entergy Nuclear Holding Co. #1 and an indirect wholly owned subsidiary of Entergy Corporation. No other publicly held company has 10 percent or more equity interest in Entergy Nuclear Generation Company.
Of counsel:
William C. Dennis, Esq.
Kim F. Bridges, Esq.
Entergy Nuclear Operations, Inc.
440 Hamilton Avenue White Plains, NY 10601 (914) 272-3323 Dated: October 28, 2008 Respectfully submitted, CLtherine E. Stetson Jessica L. Ellsworth HOGAN & HARTSON LLP 555 Thirteenth Street, N.W.
Washington, D.C. 20004 (202) 637-5491 David R. Lewis PILLSBURY WINTHROP SHAW PITTMAN LLP 2300 N Street, N.W.
Washington, D.C. 20037 (202) 663-8000 Counsel for Entergy Nuclear Operations, Inc., Entergy Nuclear Vermont Yankee LLC, and Entergy Nuclear Generation Company 2
United States Court of Appeals For the First Circuit NOTICE OF APPEARANCE No. 08-2267 Short
Title:
Massachusetts v. U.S. Nuclear Regulatory Commission The Clerk will enter my appearance as counsel on behalf of (please list names of all parties represented, using additional sheet(s) if necessary):
Entergy Nuclear Operations, Inc., Entergy Nuclear Vermont Yankee LLC, and Entergy Nuclear Generation Company as the
" appellant(s)
- appellee(s) amicus curiae D
petitioner(s) respondent(s)
[7] intervenor(s)
D-The party I represented below is not a party to the appeal and I wish to be removed from the service list. Please list the names of all parties represented:
Signature Catherine E. Stetson Name October 28. 2008 Date Hogan & Hartson LLP Firm Name (if applicable) 555 Thirteenth Street, NW Address Washington, DC 20004 City, State, Zip Code (202) 637-5491 Telephone Number (202) 637-5910 Fax Number CEStetsonghhlaw.com Email Court of Appeals Bar Number: 1124393 Has this case or any related case previously been on appeal?
W,/No
-]Yes Court of Appeals No.
Attorneys for both appellant and appellee must file a notice of appearance within 14 days of case opening. New or additional counsel may enter an appearance outside the 14 day period; however, a notice of appearance may not be filed after the appellee/respondent brief has been filed without leave of court. 1 st Cir. R. 12.0(a).
Counsel must complete and return this notice of appearance in order to file pleadings in this court. Counsel not yet admitted to practice before this court must submit an application for admission with the form. 1st Cir. R. 46.0(a)(2).
United States Court of Appeals For the First Circuit NOTICE OF APPEARANCE No. 08-2267 Short
Title:
Massachusetts v. U.S. Nuclear Regulatory Commission The Clerk will enter my appearance as counsel on behalf of (please list names of all parties represented, using additional sheet(s) if necessary):
Entergy Nuclear Operations, Inc., Entergy Nuclear Vermont Yankee LLC, and Entergy Nuclear Generation Company as the D appellant(s)
D appellee(s) amicus curiae D petitioner(s)
[
respondent(s) intervenor(s)
[---The party I represented below is not a party to the appeal and I wish to be removed from the service list. Please list the names of all parties represented:
S~n-ature Jessica L. Ellsworth Name Hogan & Hartson LLP Firm Name (if applicable) 555 Thirteenth Street, NW Address Washington, DC 20004 City, State, Zip Code October 28, 2008 Date (202) 637-5886 Telephone Number (202) 637-5910 Fax Number JLEllsworth(2hhlaw.com Email Court of Appeals Bar Number: pending Has this case or any related case previously been on appeal?
W[ No
-]Yes Court of Appeals No.
Attorneys for both appellant and appellee must file a notice of appearance within 14 days of case opening. New or additional counsel may enter an appearance outside the 14 day period; however, a notice of appearance may not be filed after the appellee/respondent brief has been filed without leave of court. 1 st Cir. R. 12.0(a).
Counsel must complete and return this notice of appearance in order to file pleadings in this court. Counsel not yet admitted to practice before this court must submit an application for admission with the form. 1st Cir. R. 46.0(a)(2).
CERTIFICATE OF SERVICE I, Catherine E. Stetson, hereby certify that on October 28, 2008, copies of (1) the Motion of Entergy Nuclear Operations, Inc., Entergy Nuclear Vermont Yankee LLC, and Entergy Nuclear Generation Company for Leave to Intervene, (2) the Corporate Disclosure Statement of Entergy Nuclear Operations, Inc.,
Entergy Nuclear Vermont Yankee LLC, and Entergy Nuclear Generation Company, and (3) the completed Appearance Forms for Catherine E. Stetson and Jessica L. Ellsworth were served on the following parties by United States first class mail, postage prepaid:
Matthew T. Brock Assistant Attorney General Environmental Protection Division Office of the Attorney General of the Commonwealth of Massachusetts One Ashburton Place Boston, MA-02108 James E. Adler Office of the General Counsel U.S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, MD 20852 John F. Cordes Steven C. Hamrick Office of the General Counsel U.S. Nuclear Regulatory Commission Mail Stop 0-15021 Washington, D.C. 20555
Honorable Michael B. Mukasey Attorney General of the United States U.S. Department of Justice 950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530 Catherine E. Stetson 2