ML18319A014
| ML18319A014 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee  |
| Issue date: | 10/30/2018 |
| From: | Weisburst S Entergy Nuclear Investment Company, Entergy Nuclear Operations, Entergy Nuclear Vermont Yankee, LVI Parent Corp, NorthStar Group Services, NorthStar Nuclear Decommissioning Company, Northstar Decommissioning Holdings, Northstar Group Holdings, Quinn Emanuel Urquhart & Sullivan, LLP |
| To: | James Whitney NRC/OCM, State of VT, Public Utility Commission |
| SECY RAS | |
| Shared Package | |
| ML18319A012 | List: |
| References | |
| 50-271-LT-2, License Transfer, RAS 54628 | |
| Download: ML18319A014 (18) | |
Text
Attachment to Second Joint Status Report (Nov. 15, 2018) quinn emanuel trial lawyers l new york 51 Madison Avenue, 22nd Floor, New York, New York 10010-1601 l TEL (212) 849-7000 FAX (212) 849-7100 WRITER'S DIRECT DIAL NO.
(212) 849-7170 WRITER'S EMAIL ADDRESS sandyweisburst@quinnemanuel.com October 30, 2018 VIA ePUC Ms. Judith C. Whitney Clerk Vermont Public Utility Commission Peoples United Bank Building 112 State Street Montpelier, VT 05620-2701 Re: Docket 8880: Joint Petition of NorthStar Decommissioning Holdings, LLC, NorthStar Nuclear Decommissioning Company, LLC, NorthStar Group Services, Inc., LVI Parent Corp., NorthStar Group Holdings, LLC, Entergy Nuclear Vermont Investment Company, LLC, and Entergy Nuclear Operations, Inc. and any other necessary affiliated entities to transfer ownership of Entergy Nuclear Vermont Yankee, LLC, and for certain ancillary approvals, pursuant to 30 V.S.A. §§ 107, 231, and 232
Dear Ms. Whitney:
We represent Joint Petitioners in the above-captioned matter. The Public Utility Commissions Procedural Order dated October 24, 2018 stated, inter alia, that the Commission will seek to issue a decision resolving this case in a timely manner but cannot commit to issue a decision in this matter by October 31, 2018 or within 30 days of notification of the NRC ruling . In light of this guidance, the parties to the memorandum of understanding (MOU; Ex. PUC-2) have entered into an amendment to that document, and a corresponding amendment to the settlement agreement among those same parties and the Vermont Department of Health. The amendment extends from October 31, 2018, to November 30, 2018, the date after which, if the Commission has not issued a decision, the parties have a right to withdraw from the MOU and Settlement Agreement. A true and correct copy of the amendment, with signature pages, is attached hereto.
Thank you for your attention to this matter quinn emanuel urquhart & sullivan, llp LOS ANGELES l NEW YORK l SAN FRANCISCO l SILICON VALLEY l CHICAGO l WASHINGTON, DC l HOUSTON l SEATTLE l BOSTON l SALT LAKE CITY LONDON l TOKYO l MANNHEIM l HAMBURG l PARIS l MUNICH l SYDNEY l HONG KONG l BRUSSELS l ZURICH l SHANGHAI l PERTH l STUTTGART
Respectfully submitted, Sanford I. Weisburst Encls.
Cc: Counsel of record (via ePUC) 2
AGREEMENT This Agreement (Agreement) is entered into by and between Entergy Nuclear Vermont Yankee, LLC (ENVY); Entergy Nuclear Vermont Investment Company, LLC (ENVIC);
Entergy Nuclear Operations, Inc. (ENOI) (together, Entergy); NorthStar Decommissioning Holdings, LLC; NorthStar Group Holdings, LLC; NorthStar Nuclear Decommissioning Company, LLC (NorthStar NDC); NorthStar Group Services, Inc.; LVI Parent Corp.;
(together, NorthStar); the Vermont Department of Public Service (DPS); the Vermont Attorney Generals Office (AGO); the Vermont Agency of Natural Resources (ANR); the Vermont Department of Health (VDH); the Elnu Abenaki Tribe, the Abenaki Nation of Missisquoi; Windham Regional Commission; the New England Coalition on Nuclear Pollution, Inc.; and the Town of Vernon Planning and Economic Development Commission (collectively, the Parties).
WHEREAS, on March 2, 2018, the Parties entered into a Memorandum of Understanding (MOU) and a separate Settlement Agreement that all Parties except the AGO joined in full, and which the AGO joined as to certain provisions, including Paragraph 13.
WHEREAS, on July 31, 2018, the Parties amended that Paragraph 13 of the MOU and the Settlement Agreement to substitute October 31, 2018 for July 31, 2018.
WHEREAS, Paragraph 13 of the MOU, as amended, reads:
In the event that the PUC issues an order that does not approve the Proposed Transaction, or has not issued an order by October 31, 2018 that approves the Proposed Transaction, incorporates the terms and conditions of this MOU substantially in their entirety, and does not contain terms or conditions that materially alter, materially add to, or materially reject what is provided for by the MOU, each Party agrees that any Party may withdraw from the MOU. If any Party so determines in its sole discretion under these circumstances to withdraw, it shall provide written notice within ten (10) days of October 31, 2018, or the date the PUC issues its order, whereupon the withdrawing Party shall not be bound by the terms or conditions of the MOU and shall be placed in the position that it occupied before entering into this MOU.
WHEREAS, Paragraph 13 of the Settlement Agreement reads:
In the event that the PUC issues an order that does not approve the Proposed Transaction, or has not issued an order by October 31, 2018 that approves the Proposed Transaction, incorporates the terms and conditions of this Agreement substantially in their entirety, and does not contain terms or conditions that materially alter, materially add to, or materially reject what is provided for by the Agreement, each Party agrees that any Party may withdraw from the Agreement. If any Party so determines in its sole
discretion under these circumstances to withdraw, it shall provide written notice within ten (10) days of October 31, 2018, or the date the PUC issues its order, whereupon the withdrawing Party shall not be bound by the terms or conditions of the Agreement and shall be placed in the position that it occupied before entering into this Agreement.
WHEREAS, since that amendment of the MOU and the Settlement Agreement, the PUC announced on October 24, 2018 that it may not be able to issue a final order in Docket 8880 until after approximately November 12, 2018.
WHEREAS, the Parties desire to extend the date in Paragraph 13 of the MOU and the Settlement Agreement in light of this subsequent development.
NOW, therefore, the Parties agree as follows:
- 1. Paragraph 13 of the MOU and the Settlement Agreement is amended to replace October 31, 2018, with November 30, 2018.
- 2. This Agreement is effective as of the date of its signing by all Parties and, if signed after October 31, 2018, shall be retroactive to October 31, 2018.
[Signature pages follow]
2
IN WITNESS WIfiREOF, the Parties below enter into this Agreement as a sealed instrument. Each person signing this Agreement represents and warrants that he or she has been duly authorized to enter into this Agreement by the Party on whose behalf it is indicated that the person is signing.
VERMONT OF SERVICE By:
Name
Title:
u Date:
VERMONT AGENCY OF NATURAL RESOURCES By:
Name Tirle:
Date:
VERMONT ATTORNEY GENERAL'S OFFICE By:
Name
Title:
Date:
VERMONT DEPARTMENT OF HEALTH By:
Name
Title:
Date:
ENTERGY NUCLEAR VERMONT YANKEE, LLC By:
Name
Title:
Date:
IN WITNESS WHEREOF, the Parties below enter into this Agreement as a sealed instrument. Each person signing this Agreement represents and warrants that he or she has been duly authorized to enter into this Agreement by the Party on whose behalf it is indicated that the person is signing.
VERMONT DEPARTMENT OF PUBLIC SERVICE By:
Name:
Title:
Date:
VERMONT AGENCY OF NATURAL RESOURCES By:
Name:
Title:
Date:
VERMONT ATTORNEY GENERAL'S OFFICE By:
Name:
Title:
Date:
~ . I VERMONT DEPARTMENT OF HEALTH By:
Name:
Title:
Date:
ENTERGY NUCLEAR VERMONT YANKEE, LLC By:
Name:
Title:
Date:
ENTERGY NUCLEAR VERMONT INVESTMENT COMPANY, LLC By:
Name:
Title:
Date:
ENTERGY NUCLEAR OPERATIONS, INC.
By:
Name:
Title:
Date:
NORTHSTAR DECOMMISSIONING HOLDINGS, LLC By:
Name: Scott E. State
Title:
CEO Date: 10/30/2018 NORTHSTAR GROUP HOLDINGS, LLC By:
Name: Scott E. State
Title:
CEO Date: 10/30/2018 NORTHSTAR NUCLEAR DECOMMISSIONING COMPANY, LLC By:
Name: Scott E. State
Title:
CEO Date: 10/30/2018
NORTHSTAR GROUP SERVICES, INC.
By:
Name: Scott E. State
Title:
CEO Date: 10/30/2018 LVI PARENT CORP.
By:
Name: Scott E. State
Title:
CEO Date: 10/30/2018 ELNU ABENAKI TRIBE By:
Name:
Title:
Date:
ABENAKI NATION OF MISSISQUOI By:
Name:
Title:
Date:
WINDHAM REGIONAL COMMISSION By:
Name:
Title:
Date:
NORTHSTAR GROUP SERVICES, INC.
By:
Name:
Title:
Date:
LVI PARENT CORP.
By:
Name:
Title:
Date:
ELNU ABENAKI TRIBE By:
Name: Rich Holschuh
Title:
Liaison for Elnu Abenaki Tribe Date: Oct. 26, 2018 ABENAKI NATION OF MISSISQUOI By:
Name:
Title:
Date:
WINDHAM REGIONAL COMMISSION By:
Name:
Title:
Date:
NORTHSTAR GROUP SERVICES, INC.
By:
Name:
Title:
Date:
LVI PARENT CORP.
By:
Name:
Title:
Date:
ELNU ABENAKI TRIBE By:
Name:
Title:
Date:
ABENAKI NATION OF MISSISQUOI By:
Name: William J. Brotherton
Title:
Date: October 30, 2018 WINDHAM REGIONAL COMMISSION By:
Name:
Title:
Date:
NEW ENGLAND COALITION ON NUCLEAR POLLUTION, INC.
By:
Name:
Title:
Date:
TOWN OF VERNON PLANNING AND ECONOMIC DEVELOPMENT COMMISSION By:
Name: Robert Spencer
Title:
Chairman Date: October 30, 2018