ML18071A414

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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
ML18071A414
Person / Time
Site: Vermont Yankee Entergy icon.png
Issue date: 03/12/2018
From: Shadis R
New England Coalition
To:
NRC/OCM
SECY RAS
References
50-271-LT-2, License Transfer, RAS 54241
Download: ML18071A414 (4)


Text

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