Joint Status Report| ML18225A260 |
| Person / Time |
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| Site: |
Vermont Yankee  |
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| Issue date: |
08/13/2018 |
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| From: |
Doris Lewis
Entergy Nuclear Operations, Entergy Nuclear Vermont Yankee, Entergy Services, Morgan, Morgan, Lewis & Bockius, LLP, NorthStar Group Services, NorthStar Nuclear Decommissioning Company, Pillsbury, Winthrop, Shaw, Pittman, LLP |
|---|
| To: |
NRC/OCM |
|---|
| SECY RAS |
| Shared Package |
|---|
| ML18225A259 |
List: |
|---|
| References |
|---|
| 50-271-LT-2, License Transfer, RAS 54393 |
| Download: ML18225A260 (4) |
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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
August 13, 2018 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) )
JOINT STATUS REPORT Pursuant to the Commissions Memorandum and Order of April 12, 2018, CLI-18-03, Entergy Nuclear Operations Inc., on behalf of itself, Entergy Nuclear Vermont Yankee, LLC (ENVY) and NorthStar Nuclear Decommissioning Company, LLC (NorthStar) (together, Applicants), and the State of Vermont and the New England Coalition (together, Participants),
hereby submits this Joint Status Report. The Commissions April 12 Memorandum and Order held in abeyance the Participants requests for hearing and petitions to intervene in this license transfer proceeding based on Participants anticipated withdrawal from this proceeding pursuant to a Settlement Agreement1 and pending further notification from the Applicants or Participants. That Settlement Agreement permitted a party to withdraw from the Settlement Agreement upon ten days written notice if the Vermont Public Utility Commission (PUC), which is currently reviewing the proposed sale of ENVY to NorthStar, materially alters the terms of the Settlement Agreement or does not issue an order approving the proposed sale by July 31, 2018. Thus, the period during 1
The Settlement Agreement was appended to the State of Vermonts Notice of Anticipated Withdrawal of the State Petition for Leave to Intervene and Hearing Request (Mar. 7, 2018).
which a party might withdraw from the Settlement Agreement was expected to end on August 10, 2018. Consequently, the Commissions Memorandum and Order requires the Applicants and Participants to file a joint status report by no later than August 13, 2018.
The July 31, 2018, deadline in the Settlement Agreement reflected the parties expectations that a final order from the PUC would be issued in advance of the NRC final order on Applicants license transfer application. However, on July 6, 2018, the PUC announced that it would not issue a final order until after the NRC does so. PUC Docket 8880, Procedural Order Re: Postponement of Decision on Joint Petition Pending Ruling by Nuclear Regulatory Commission (June 6, 2018). An NRC spokesman has stated that the NRC staff is targeting to complete its review of the application by the end of the third quarter 2018. The Participants wish to preserve their ability to review the PUC order before withdrawing their hearing requests before the NRC. As a result, Applicants and the Participants have agreed to amend the Settlement Agreement to permit a party to withdraw from the Settlement Agreement upon ten days written notice if a PUC order materially alters the terms of that Agreement or if the PUC does not issue an order approving the proposed sale of ENVY by October 31, 2018 (instead of July 31, 2018). A copy of the amendment is attached.
The Applicants and Participants support and commend to the Commission the Settlement Agreement, which includes important mechanisms to ensure funding for and oversight of the work that will promptly decommission and restore the site of the Vermont Yankee Nuclear Power Station. The Applicants and Participants respectfully request that the NRC approve the sale of ENVY and transfer of the NRC licenses consistent with the terms and conditions of the Settlement Agreement. The Applicants and Participants also request that the Commission continue to hold the Participants hearing requests and intervention petitions in abeyance, and suggest that the parties submit an additional Joint Status Report by November 15, 2018. The Participants expect that the 2
Commission and PUC will issue decisions consistent with the Settlement Agreement by that date.
Unless those decisions could have the effect of altering the Settlement Agreement to the material detriment of the Participants, the Participants anticipate that they will withdraw their hearing requests and intervention petitions at that time.
The Participants have reviewed this Joint Status Report. The State of Vermont has authorized Applicants to submit this Joint Status Report on its behalf, and the New England Coalition has authorized Applicants to represent that it has no objection to the Joint Status Report.
Respectfully submitted, Executed in Accord with 10 C.F.R. § 2.304(d)
John E. Matthews, Esq. David R. Lewis Martin J. ONeill, Esq. Pillsbury Winthrop Shaw Pittman LLP Morgan, Lewis & Bockius LLP 1200 Seventeenth St., NW 1111 Pennsylvania Avenue, N.W. Washington DC 20036-3006 Washington, D.C. 20004 Phone: (202) 663-8474 Phone: (202) 739-5524 Fax: (202) 663-8007 Fax: (202) 739-3001 E-mail: david.lewis@pillsburylaw.com E-mail: john.matthews@morganlewis.com E-mail: martin.oneill@morganlewis.com Susan H. Raimo, Esq.
Entergy Services, Inc.
Gregory G. DiCarlo 101 Constitution Avenue, N.W.
NorthStar Group Services, Inc. Washington, D.C. 20001 Vice President & General Counsel Phone: (202) 530-7330 35 Corporate Drive, Suite 1155 Fax: (202) 530-7350 Trumbull, CT 06611 E-mail: sraimo@entergy.com Phone: 203-222-0584 x3051 E-mail: GDiCarlo@NorthStar.com Counsel for Entergy Nuclear Operations, Inc.
and Entergy Nuclear Vermont Yankee, LLC Counsel for NorthStar Nuclear Decommissioning Company, LLC Dated: August 13, 2018.
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 certify that the foregoing Joint Status Report has been served through the NRCs E-Filing System on the participants in the above-captioned proceeding, this 13th day of August, 2018.
Signed (electronically) by David R. Lewis David R. Lewis