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Category:Legal-Motion
MONTHYEARML18348A9852018-12-14014 December 2018 New England Coalition'S Withdrawal of Its Request for a Hearing and Petition for Leave to Intervene ML18071A4142018-03-12012 March 2018 Amended Motion to Hold in Abeyance Action on New England Coalition'S Petition for Leave to Intervene and Hearing Request in Consideration of Anticipated Withdrawal ML17164A2682017-06-13013 June 2017 Attachment Two - Five E-mails Tracing Efforts on June 9, 2017 to File a Request for an Extension of Time ML17164A2382017-06-13013 June 2017 Resubmitted Request for Extension of Time to File Request for Hearing and Petition for Leave to Intervene ML17164A2392017-06-13013 June 2017 Request for Leave to Reply and Reply to Applicants' Response to New England Coalition'S Request for Extension ML16005A6232016-01-0505 January 2016 Unopposed Motion by the States for an Enlargement of Time to File an Answer to Entergy Motion to Strike the States Reply ML15362A5192015-12-28028 December 2015 Entergy Motion to Strike Impermissible December 17, 2015 Reply Filed by the Commonwealth of Massachusetts and the States of Connecticut and New Hampshire ML15362A4902015-12-28028 December 2015 Motion to Strike Portions of December 17, 2015, Reply Filed by the State of Vermont, Vermont Yankee Nuclear Power Corporation, and Green Mountain Power Corporation ML15299A2602015-10-26026 October 2015 NRC Staff Motion to Vacate LBP-15-24 ML15286A4422015-10-13013 October 2015 Entergy Motion for Leave to File Reply and Reply Re Motion to Withdraw LAR ML15275A3222015-10-0202 October 2015 Staff Answer to Motion to Withdraw ML15271A3112015-09-23023 September 2015 Federal Respondents' Motion for Extension of Time to File Dispositive Motions and Certified Index 9-23-15 ML15265A5832015-09-22022 September 2015 Entergy'S Motion to Withdraw Its September 4, 2014 License Amendment Request ML15265A5862015-09-22022 September 2015 Entergy'S Unopposed Motion to Extend the Time to Appeal LBP-15-24 ML15260B2782015-09-17017 September 2015 Joint Motion on Mandatory Disclosures and Schedule ML15201A1752015-07-20020 July 2015 Joint Proposed Corrections to Oral Argument Transcript Held on July 7, 2015 ML15072A4622015-03-13013 March 2015 Entergy Answer Opposing State of Vermont'S Motion to Stay the License Amendment Proceeding Pending Commission Reconsideration ML14352A2082014-12-18018 December 2014 NRC Staff Answer to State of Vermont'S Submission of Additional Information and Request to File Supplemental Briefing Addressing New Information and Argument Raised at Oral Argument ML12088A0852012-03-15015 March 2012 Fed Respondents Opposition to Motion to Strike No.11-1168 and 11-1177 (Consolidated) ML12067A0892012-03-0707 March 2012 State of Vermont Motion to Strike, Petitioners' Motion to Strike Four Extra-Record References Contained in Respondents' Recently Filed Amended Certified Index of the Record and in Respondents' and Interveners Briefs ML12066A1772012-03-0606 March 2012 Petitioners Motion to Strike Amended Cert 11-1168 ML1107703932011-03-10010 March 2011 Motion to Stay Any and All Final Commission Decisions in the Matter of 50-271 Lr and Request for Hearing on Entergy License Renewal Application Amendments Information Notice 2010-26, New England Coalition'S Motion for Leave to Reply to NRC Staff'S Objection to Nec'S Notification of Information Notice 2010-26 and Entergy'S Response to the Supplement to Nec'S Petition for Commission Review2010-12-30030 December 2010 New England Coalition'S Motion for Leave to Reply to NRC Staff'S Objection to Nec'S Notification of Information Notice 2010-26 and Entergy'S Response to the Supplement to Nec'S Petition for Commission Review of LBP-10-19 Information Notice 2010-26, New England Coalition'S Motion for Leave to Reply to NRC Staff'S Objection to Nec'S Notification of Information Notice 2010-26 and Entergy'S Response to the Supplement to Nec'S Petition for Commission Review of LBP-10-2010-12-30030 December 2010 New England Coalition'S Motion for Leave to Reply to NRC Staff'S Objection to Nec'S Notification of Information Notice 2010-26 and Entergy'S Response to the Supplement to Nec'S Petition for Commission Review of LBP-10-19 ML1027204012010-09-23023 September 2010 Entergy'S Motion to Strike the Declaration of Paul Blanch ML1025800092010-09-14014 September 2010 NRC Staff'S Opposition to New England Coalition'S Motion to Reopen the Hearing and Answer to Proposed New Contention and Affidavit of Roy K. Mathew ML1024200422010-08-20020 August 2010 New England Coalition'S Motion to Reopen the Hearing and for the Admission of New Contentions ML1006304252010-03-0202 March 2010 New England Coalition'S Petition for Review of Licensing Board'S Full Initial Decision ML0921509462009-08-0303 August 2009 NRC Staff'S Answer to Nec'S Petition for Review of the Licensing Board'S Full Initial Decision, LBP-09-09 ML0917405782009-06-15015 June 2009 New England Coalition'S Request for Leave to Reply to Entergy'S Answer to Nec'S Request for Extension of Time to Reply to Entergy NRC Staff Oppositions to New England Coalition'S Motion for Leave to File a Timely New Contention ML0916702672009-06-10010 June 2009 Entergy'S Oppositions to Nec'S Request for an Ex-Post-Facto Extension of Time to File a Reply to the NRC Staff and Entergy'S Oppositions to Nec'S Motion to File a Timely New Contention ML0916000212009-06-0808 June 2009 Vermont Yankee - NRC Staff'S Answer to Entergy'S Motion to Strike New England Coalition'S Reply to NRC Staff Entergy Oppositions to Nec'S Motion to File a Timely New Contention ML0916101422009-06-0202 June 2009 Entergy'S Motion to Strike New England Coalition'S Reply to NRC Staff and Entergy Oppositions to Nec'S Motion to File a Timely New Contention ML0913907852009-05-19019 May 2009 Vermont Yankee - NRC Staff'S Answer in Opposition to Nec'S Motion for Leave to File a New Contention ML0912100122009-04-30030 April 2009 NRC Staff'S Answer in Opposition to NEC Motion to Hold in Abeyance Action on Proposed Contention Until Issuance of NRC Staff Supplemental Safety Evaluation Report ML0912005142009-04-24024 April 2009 New England Coalition, Inc.'S Motion for Leave to File a Timely New Contention and Motion to Hold in Abeyance Action on This Proposed Contention Until Issuance of NRC Staff Supplemental Safety Evaluation Report ML0906800032009-03-0606 March 2009 Oyster Creek - Notice of Appearance of Maxwell Smith and Notice of Withdrawal of Mary Baty ML0906800082009-03-0606 March 2009 Vermont Yankee - Notice of Appearance of Maxwell Smith and Notice of Withdrawal of Mary Baty ML0907711412009-03-0606 March 2009 New England Coalition'S Motion to Alter or Amend the Schedule in the Above Captioned Proceeding ML0902601102009-01-26026 January 2009 Vermont Yankee - NRC Staff'S Answer in Opposition to Nec'S Motion for Leave to Reply ML0903501142009-01-25025 January 2009 Vermont Department of Public Service Unopposed Motion for Extension of Time to Respond to Energy'S Confirmatory Cufen Analyses ML0903606582009-01-23023 January 2009 Entergy'S Opposition to New England Coalition'S Motion for Leave to Reply ML0903001122009-01-14014 January 2009 New England Coalition'S Motion for Leave to Reply to NRC Staff and Entergy Nuclear Vermont Yankee, L.L.C., and Entergy Nuclear Operations, Inc.'S Answers to New England Coalition'S Motion for Reconsideration of the Licensing Board'S Partial ML0900800242009-01-0707 January 2009 Vermont Yankee - NRC Staff'S Answer in Opposition to New England Coalition'S Motion for Reconsideration and Notice of Withdrawal of Jessica Bielecki ML0835900532008-12-23023 December 2008 Vermont Yankee - NRC Staff'S Reply to Nec'S Answer to NRC Staff'S Petition for Review of LBP-08-25 ML0835900722008-12-23023 December 2008 Vermont Yankee - NRC Staff'S Reply to Motion to Submit Brief Amicus Curiae ML0900202572008-12-19019 December 2008 Motion for Leave by the States of New York and Connecticut, Et. Al., to Submit Brief Amici Curiae in Opposition to Staff'S Petition for Review and in Support of Intervenors State of Vermont and the New England Coalition ML0901603582008-12-17017 December 2008 New England Coalition'S Motion for Reconsideration of the Licensing Board'S Partial Initial Decision ML0836593462008-12-15015 December 2008 New England Coalition, Inc.'S Motion for a Second Extension of Time in Which to File a Motion for Reconsideration ML0835304522008-12-12012 December 2008 the State of New York, V USNRC and Entergy Nuclear Operations Inc; 08-3903-ag(L)/08-4833-ag(CON) - Motion Out of Time 2018-03-12
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE NRC HEARING OFFICER In the Matter of )
)
ENTERGY NUCLEAR VERMONT )
YANKEE, LLC AND ENTERGY ) Docket No. 50-271-LT-2 NUCLEAR OPERATIONS, INC.; )
CONSIDERATION OF APPROVAL ) March 12, 2018 OF TRANSFER OF LICENSE AND )
CONFORMING AMENDMENT )
)
(Vermont Yankee Nuclear Power Station) )
AMENDED MOTION TO HOLD IN ABEYANCE ACTION ON NEW ENGLAND COALITIONS PETITION FOR LEAVE TO INTERVENE AND HEARING REQUEST IN CONSIDERATION OF ANTICIPATED WITHDRAWAL I. INTRODUCTION New England Coalition respectfully provides notice that because it has entered into a Settlement Agreement with the applicants for license transfer of the Vermont Yankee Nuclear Power Station, New England Coalition will, pending Vermont Public Utilities Commission (VPUC) approval of the settlement terms, withdraw its petition for leave to intervene and hearing request. A copy of the settlement has been provided by the State of Vermont in its, Notice of Anticipated Withdrawal of the States Petition for Leave to Intervene and Hearing Request, filed March 7, 2018. New England Coalition also respectfully moves, for reasons stated below, that action on its Motion for Leave to Intervene and Request for a Hearing be held in abeyance until the settlement agreement is finalized. New England Coalition previously filed this Motion on March 9, 2018 with the inadvertent omission of a 10 C.F.R. § 2.323(b) certification. New England Coalitions
New England Coalition Amended Motion , March 12, 2008 Page -2 amendment of this notice and motion consists of minor corrections and format changes, and , most importantly, of the addition of the requisite certification (Section IV ).
II. DISCUSSION Terms of the Settlement Agreement, in New England Coalitions view, substantially alleviate New England Coalitions concerns with the proposed license transfer or prescribe compensatory actions that will serve to mitigate anticipated risks.
The VPUC has set a hearing schedule on the matter which will terminate with technical hearings in May 2018 and New England Coalition expects that VPUC will issue a final order before July 31, 2018.
The Settlement Agreement specifies that if the VPUC materially alters the terms of the Agreement or does not issue an order by July 31, 2018 approving the agreement substantially in its entirety, then any party may, within ten days, withdraw. If no party withdraws and the Settlement Agreement remains in place, New England Coalition will promptly submit its formal withdrawal from this proceeding.
If however the VPUC does not uphold the settlement, New England Coalition will then (within two weeks) notify the Hearing Officer and the parties and pursue its Petition for Leave to Intervene and Request for a Hearing.
III. CONCLUSION In light of the foregoing discussion of a pending Settlement Agreement and in the interest of judicial economy, New England Coalition respectfully moves that consideration of its Petition for Leave to Intervene and Request for a Hearing be held in abeyance until such time as the VPUC issues a final order and time for any party wishing to withdraw from the Settlement Agreement has lapsed.
New England Coalition Amended Motion , March 12, 2008 Page -3 IV. CERTIFICATE REQUIRED BY 10 C.F.R. § 2.323(b)
I certify that on March 9 and 9, 2018, I contacted counsel for The Entergy and NorthStar and they have Authorized New England Coalition to represent that they do not oppose NECs motion for abeyance Respectfully submitted,
/Signed (electronically) by/
Raymond Shadis Pro Se Representative New England Coalition Post Office Box 76 Edgecomb, Maine 04556 Dated at Edgecomb, Maine this 12th day of March 2018
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of )
)
ENTERGY NUCLEAR VERMONT )
YANKEE, LLC AND ENTERGY ) Docket No. 50-271-LT-2 NUCLEAR OPERATIONS, INC.; )
CONSIDERATION OF APPROVAL ) March 7, 2018 OF TRANSFER OF LICENSE AND )
CONFORMING AMENDMENT )
)
(Vermont Yankee Nuclear Power Station) )
CERTIFICATE OF SERVICE Pursuant to 10 C.F.R. § 2.305, I certify that copies of New England Coalitions Motion to Hold in Abeyance Action on New England Coalitions Petition for Leave to Intervene and Hearing Request in Consideration of Anticipated Withdrawal have been served upon the Parties Listed filing in the Electronic Information Exchange, the NRCs e-filing system, in the above-captioned proceeding, this Seventh day of March 2018.
/Signed (electronically) by/
Raymond Shadis Pro Se Representative New England Coalition Post Office Box 76 Edgecomb, Maine 04556 Dated at Edgecomb, Maine this 7th day of March 2018