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Category:Legal-Pleading
MONTHYEARML18355A9932018-12-21021 December 2018
State of Vermont Notice of Withdrawal of the States Petition for Leave to Intervene and Hearing Request
ML18348B1522018-12-14014 December 2018
Third Joint Status Report
ML18319A0132018-11-15015 November 2018
Second Joint Status Report
ML18319A0142018-10-30030 October 2018
Amendment to Settlement Agreement
ML18225A2602018-08-13013 August 2018
Joint Status Report
ML18225A2612018-07-31031 July 2018
Settlement Agreement Amendment (Attachment to Joint Status Report)
ML18068A2092018-03-0707 March 2018
Motion to Hold in Abeyance Action on New England Coalitions Petition for Leave to Intervene and Hearing Request in Consideration of Anticipated Withdrawal
ML17212B1512017-07-31031 July 2017
New England Coalition'S Reply to Applicant'S Answer Opposing New England Coalition'S Request for Hearing and Petition for Leave to Intervene
ML17205A6472017-07-24024 July 2017
Applicant'S Answer Opposing New England Coalition'S Request for Hearing and Petition for Leave to Intervene
ML17198G9752017-07-17017 July 2017
State of Vermont'S Reply in Support of the State'S Petition to Intervene and Hearing Request
ML17191B4892017-07-10010 July 2017
Applicants Answer Opposing Vermont Petition for Leave to Intervene
ML17163A2882017-06-12012 June 2017
Applicants' Response to New England Coalition'S Request for Extension
ML16131A7932016-05-10010 May 2016
Notice of Withdrawal of Daniel D. Straus
ML16123A3812016-05-0202 May 2016
NRC Staff Updated Notice of Appearance for Beth Mizuno, Mitzi Young and Jeremy Wachutka
ML16015A4422016-01-15015 January 2016
Answer of the States to Entergy Motion to Strike Reply of the States' Reply
ML16007A6012016-01-0707 January 2016
Combined Answer of Petitioners in Opposition to Entergy'S and NRC Staff'S Motions to Strike Portions of Petitioners' Reply Brief
ML15362A6462015-12-28028 December 2015
NRC Staff Motion to Strike Portions of Dec 17 2015 Reply of the State of Vermont, the Vermont Yankee Nuclear Power Corporation and Green Mountain Power Corporation
ML15351A5312015-12-17017 December 2015
Reply of the Commonwealth of Massachusetts and the States of Connecticut and New Hampshire to NRC Staff'S and Entergy'S Answers to Vt'S Pet. for Rev. of Use of Vt. Yankee Decommissioning Trust Fund
ML15351A5302015-12-17017 December 2015
Reply of the State of Vermont, the Vermont Yankee Nuclear Power Corporation, and Green Mountain Power Corporation in Support of Petition for Review of Use of Vermont Yankee Decommissioning Trust Fund
ML15344A4942015-12-10010 December 2015
Notification of Issuance of Exemption
ML15341A3002015-12-0707 December 2015
Entergy Answer Opposing November 4, 2015 Petition Filed by State of Vermont, Vermont Yankee Nuclear Power Corporation and Green Mountain Power Corporation
ML15341A3612015-12-0707 December 2015
NRC Staff Answer to Vermont Petition for Review of Entergy Nuclear Operation Inc., Planned Use of the Vermont Yankee Nuclear Decommissioning Trust Fund
ML15336A9152015-12-0202 December 2015
Notice of Appearance, Matthew R. Ring
ML15336A7122015-12-0202 December 2015
Commission Notification of Significant Licensing Action
ML15309A7592015-11-0505 November 2015
State of Vermont'S Response to NRC Staff'S Motion to Vacate LBP-15-24
ML16137A5782015-11-0404 November 2015
Petition for Review of Entergy'S Planned Use of the Vermont Yankee Decommissioning - Exhibit 3: Declaration of William Irwin, Sc.D. Chp (April 20, 2015)
ML16137A5732015-11-0404 November 2015
Petition for Review of Entergy'S Planned Use of the Vermont Yankee Decommissioning - Exhibit 2: State of Vermont'S PSDAR Comments (March 6, 2015)
ML16137A5542015-11-0404 November 2015
Petition of the State of Vermont, the Vermont Yankee Nuclear Power Corporation, and Green Mountain Power Corporation for Review of Entergy Nuclear Operation, Inc.'S Planned Use of the Vermont Yankee Nuclear Decommissioning Trust Fund
ML15288A2222015-10-15015 October 2015
State of Vermont'S Response to Entergy'S Motion to File Reply Brief
ML15275A4382015-10-0202 October 2015
State of Vermont'S Response to Entergy'S Motion to Withdraw
ML15275A4402015-10-0202 October 2015
VT Exhibit 2
ML15275A4392015-10-0202 October 2015
VT Exhibit 1
ML15257A2722015-09-14014 September 2015
Notice of Intent to Participate as a Party
ML15219A7122015-08-0707 August 2015
State of Vermont'S Reply in Support of Motion for Leave to File a New Contention and Add Bases and Support to Existing Contentions
ML15216A5592015-08-0404 August 2015
NRC Staff Commission Notification of Issuance of EA and Fonsi for Publication in Federal Register
ML15212A2812015-07-31031 July 2015
NRC Staff Answer to the State of Vermont Motion for Leave to File New and Amended Contentions
ML15212A8252015-07-31031 July 2015
Entergy Answer Opposing State of Vermont New Contention V and Additional Bases for Pending Contentions I, III, and IV
ML15188A5272015-07-0707 July 2015
Entergy Answer Opposing Vermont'S Appeal of the Atomic Safety and Licensing Board'S May 18, 2015 Memorandum and Order Denying Petition for Leave to Intervene and Hearing Request
ML15188A5332015-07-0707 July 2015
NRC Staff Brief in Opposition to State of Vermont Appeal of LBP-15 18
ML15163A3342015-06-12012 June 2015
the State of Vermont'S Brief in Support of Notice of Appeal of Atomic Safety and Licensing Board'S May 18, 2015 Memorandum and Order Denying Petition for Leave to Intervene and Hearing Request
ML15163A3332015-06-12012 June 2015
the State of Vermont'S Notice of Appeal of Atomic Safety and Licensing Board'S May 18, 2015 Memorandum and Order Denying Petition for Leave to Intervene and Hearing Request
ML15142A9022015-05-22022 May 2015
State of Vermont'S Reply to NRC Staff and Entergy Answers to Petition for Leave to Intervene and Hearing Request
ML15135A4982015-05-15015 May 2015
Entergy Answer Opposing Vermont Petition to Intervene
ML15135A5232015-05-15015 May 2015
NRC Staff Answer to State of Vermont Petition for Leave to Intervene and Hearing Request
ML15131A3982015-05-11011 May 2015
NRC Staff'S Answer to Vermont'S Notice of Supplemental Authority
ML15131A3812015-05-11011 May 2015
Entergy'S Response to State of Vermont Notice of Supplemental Authority
ML15126A5702015-05-0606 May 2015
Notice of Appearance for Beth Mizuno on Behalf of NRC Staff
ML15126A4352015-05-0606 May 2015
Notice of Appearance for Anita Ghosh on Behalf of NRC Staff
ML15126A2202015-05-0606 May 2015
Notice of Appearance for Mitzi a Young on Behalf of NRC Staff
ML15097A5372015-04-0707 April 2015
Notice of Appearance Mitzi A. Young
2018-08-13
[Table view] |
Text
June 12, 2017 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Commission In the Matter of )
)
Entergy Nuclear Vermont Yankee, LLC, )
Entergy Nuclear Operations, Inc., and ) Docket No. 50-271-LT-2 NorthStar Nuclear Decommissioning )
Company, LLC )
)
(Vermont Yankee Nuclear Power Station) )
APPLICANTS RESPONSE TO NEW ENGLAND COALITIONS REQUEST FOR EXTENSION Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc.
(Entergy), on behalf of themselves and NorthStar Nuclear Decommissioning Company, LLC (together, Applicants), hereby oppose the Request for Extension of Time in Which to File Request for a Hearing and Petition For Leave to Intervene submitted by the New England Coalition (NEC) on June 9, 2017. NECs Request for Extension should be denied because NEC has not demonstrated good cause for the extension, as required by 10 C.F.R. § 2.307, and has failed to consult with Applicants, as required by 10 C.F.R. § 2.323(b).
The Commissions adjudicatory rules at 10 C.F.R. § 2.307(a) allow extensions only upon demonstration of good cause. The Commission has explained that good cause, in the context of adjudicatory filings, requires a showing of unavoidable and extreme circumstances.1 As explained below, such circumstances are not present here.
1 See, e.g., Balt. Gas & Elec. Co. (Calvert Cliffs Nuclear Power Plant, Units 1 & 2), CLI-98-25, 48 N.R.C. 325, 342 (1998); Statement of Policy on Conduct of Adjudicatory Proceedings, CLI-98-12, 48 N.R.C. 18, 21 (1998).
The application to which NECs Request for Extension relates was filed on February 9, 2017 and released in ADAMS on February 16, 2017.2 Further, the proposed sale of Entergy Nuclear Vermont Yankee, LLC, and the related license transfer have been discussed at multiple public meetings in Vermont. In fact, as NEC expressly notes in its Request for Extension, those proposed actions are the subject of ongoing proceedings before the Vermont Public Service Board in which NEC has intervened. Thus, the license transfer application has been available to NEC for nearly four months, and NEC has been both very aware of its filing and very familiar with its substance. Moreover, while NEC may be a volunteer organization, it has decades of experience participating in NRC proceedings3 and is therefore certainly capable of requesting a hearing on time when so inclined. That NECs members may have other priorities does not constitute good cause to extend the deadline for hearing requests. [T]he fact that a party may have personal or other obligations or possess fewer resources than others to devote to the proceeding does not relieve that party of its hearing obligations. Statement of Policy on Conduct of Licensing Proceedings, CLI-81-8, 13 N.R.C. 452, 453 (1981). See also Tenn. Valley Auth. (Bellefonte Nuclear Plant, Units 1 & 2), CLI-10-26, 72 N.R.C. 474, 476 (2010).
In addition, NEC has not consulted with the participants before submitting its extension request, as 10 C.F.R. § 2.323(b) requires. NEC should be sufficiently aware of the consultation requirement in § 2.323(b), based on its long standing history of numerous interventions before the NRC.4 That section states, A motion must be rejected if it does not include a certification by the attorney or representative of the moving party that the movant has made a sincere effort to 2
Application for Order Consenting to Direct and Indirect Transfers of Control of Licenses and Approving Conforming License Amendment and Notification of Amendment to Decommissioning Trust Agreement, Vermont Yankee Nuclear Power Station (Feb. 9, 2017) (ADAMS Accession No. ML17045A140).
3 See Request for Extension at 1 (citing NECs previous involvement in numerous interventions before NRC and its predecessor agency, the AEC).
4 Id.
2
contact other parties in the proceeding and resolve the issue(s) raised in the motion, and that the movant's efforts to resolve the issue(s) have been unsuccessful. Therefore, NECs request must be rejected as § 2.323(b) provides.
Respectfully Submitted,
/Signed electronically by/
David R. Lewis PILLSBURY WINTHROP SHAW PITTMAN LLP 1200 Seventeenth St., NW Washington, DC 20036 Tel: 202-663-8474 Counsel for Entergy June 12, 2017 3
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Commission In the Matter of )
)
Entergy Nuclear Vermont Yankee, LLC, )
Entergy Nuclear Operations, Inc., and ) Docket No. 50-271-LT-2 NorthStar Nuclear Decommissioning )
Company, LLC )
)
(Vermont Yankee Nuclear Power Station) )
CERTIFICATE OF SERVICE I hereby certify that the foregoing Applicants Response to New England Coalitions Request for Extension, dated June 12, 2017, was served through the E-Filing system on the participants in the above-captioned proceeding, this 12th day of June, 2017.
/signed electronically by/
David R. Lewis 4845-4934-6890.v2
