ML18355A993

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State of Vermont Notice of Withdrawal of the States Petition for Leave to Intervene and Hearing Request
ML18355A993
Person / Time
Site: Vermont Yankee File:NorthStar Vermont Yankee icon.png
Issue date: 12/21/2018
From: Kolber J
State of VT, Office of the Attorney General
To:
NRC/OCM
SECY RAS
References
50-271-LT-2, License Transfer, RAS 54719
Download: ML18355A993 (4)


Text

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 ) December 21, 2018 OF TRANSFER OF LICENSE AND )

CONFORMING AMENDMENT )

)

(Vermont Yankee Nuclear Power Station) )

STATE OF VERMONTS NOTICE OF WITHDRAWAL OF THE STATES PETITION FOR LEAVE TO INTERVENE AND HEARING REQUEST The State of Vermont (State) hereby withdraws its petition for leave to intervene and its request for a hearing in the above-captioned proceeding, which the Nuclear Regulatory Commission (Commission) is presently holding in abeyance.

On February 7, 2017, Entergy Nuclear Operations, Inc., Entergy Nuclear Vermont Yankee, LLC, and NorthStar Nuclear Decommissioning Company, LLC (together, Applicants) jointly submitted an application for the direct and indirect transfer of licenses associated with the Vermont Yankee Nuclear Power Station (Vermont Yankee). On June 13, 2017, the State filed a petition for leave to intervene and hearing request in this docket with respect to that application. The State (through the Vermont Attorney Generals Office, the Vermont Department of Public Service, the Vermont Agency for Natural Resources, and the Vermont Department of Health), the Applicants (and a number of Applicants corporate affiliates), and other interested parties entered into a Settlement Agreement relating to the proposed transfer of Vermont Yankee; that Settlement Agreement was finalized on March 2, 2018.

Consistent with the terms of Paragraph 9 of that Settlement Agreement, on March 7, 2018, the State filed notice of its intent to withdraw its the petition for leave to intervene and hearing request.1 At that time, the State gave notice only of its anticipated withdrawal because the Settlement Agreement included a provision (Paragraph 13) that allowed a party to withdraw from the Settlement Agreement based on the timing or substance of an order from the Vermont Public Utility Commission (VPUC) on the proposed transfer of Vermont Yankee that is also the focus of this proceeding. On April 12, 2018, the Commission issued a Memorandum and Order providing that it would, until further notice, hold in abeyance the States petition to intervene and request for a hearing. The Commission continues to hold in abeyance the States petition and hearing request.

The VPUC has now issued its order approving the transaction, and the period for any party to withdraw from the March 2, 2018 Settlement Agreement has passed, with no party electing to withdraw. With this filing, therefore, the State gives notice that it withdraws its petition to intervene and hearing request in this docket.

Respectfully submitted, Justin Kolber Assistant Attorney General Environmental Protection Division Vermont Attorney Generals Office 109 State Street Montpelier, VT 05609 (802) 828-1361 justin.kolber@vermont.gov Allison Wannop 1

The March 2, 2018 Settlement Agreement was attached to that March 7 filing.

2

Special Counsel Vermont Department of Public Service 112 State Street Montpelier, VT 05620 (802) 828-5543 allison.wannop@vermont.gov Counsel for the State of Vermont Dated at Montpelier, Vermont this 21st day of December 2018 3

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 ) December [21], 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 the foregoing State of Vermonts Notice of Withdrawal of the States Petition for Leave to Intervene and Hearing Request have been served upon the Electronic Information Exchange, the NRCs e-filing system, in the above-captioned proceeding, this [Twenty-first] day of December 2018.

Signed (electronically) by Justin Kolber Justin Kolber Assistant Attorney General Vermont Attorney Generals Office 109 State Street Montpelier, VT 05609 (802) 828-1361 justin.kolber@vermont.gov Dated at Montpelier, Vermont this [21st] day of December 2018