ML19070A331
| ML19070A331 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee File:NorthStar Vermont Yankee icon.png |
| Issue date: | 03/11/2019 |
| From: | Annette Vietti-Cook NRC/SECY |
| To: | |
| SECY RAS | |
| References | |
| 50-271-LT-2, CLI-19-04, License Transfer, RAS 54849 | |
| Download: ML19070A331 (5) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION COMMISSIONERS:
Kristine L. Svinicki, Chairman Jeff Baran Stephen G. Burns Annie Caputo David A. Wright In the Matter of ENTERGY NUCLEAR VERMONT YANKEE, LLC, and ENTERGY NUCLEAR OPERATIONS, INC.
Docket No. 50-271-LT-2 (Vermont Yankee Nuclear Power Station)
CLI-19-04 MEMORANDUM AND ORDER In this license transfer proceeding involving the Vermont Yankee Nuclear Power Station, the State of Vermont and the New England Coalition (NEC) requested a hearing and petitioned to intervene.1 Both petitioners informed us in March 2018 that they anticipated withdrawing from this adjudicatory proceeding.2 The petitioners had entered a Settlement Agreement with the Applicants.3 The Settlement Agreement provided a deadline and terms for withdrawal, 1 State of Vermonts Petition for Leave to Intervene and Hearing Request (June 13, 2017); New England Coalitions Request for a Hearing and Petition for Leave to Intervene (June 27, 2017).
2 State of Vermonts Notice of Anticipated Withdrawal of the States Petition for Leave to Intervene and Hearing Request (Mar. 7, 2018), at 1; Amended Motion to Hold in Abeyance Action on New England Coalitions Petition for Leave to Intervene and Hearing Request in Consideration of Anticipated Withdrawal (Mar. 12, 2018), at 2.
3 The Applicants are Entergy Nuclear Operations, Inc. (the licensed operator for decommissioning), Entergy Nuclear Vermont Yankee, LLC (the licensed owner), and NorthStar which were related to a pending decision of the Vermont Public Utility Commission on the proposed license transfer of the Vermont Yankee Nuclear Power Station.4 Shortly after the petitioners entered into the Settlement Agreement, we held in abeyance both the States and NECs petitions to intervene and hearing requests.5 The Vermont Public Utility Commission issued its order approving the license transfer in December 2018.6 The period for any party to withdraw from the Settlement Agreement has passed, and no party has withdrawn.7 The State and NEC have now submitted notices withdrawing their petitions to intervene and hearing requests on the proposed license transfer.8 As a general matter, when a petitioner withdraws its petition in a contested proceeding and there are no petitions remaining, we terminate the proceeding.9 Because the only two Nuclear Decommissioning Company, LLC (the proposed license transferee). As proposed in the application, authority to possess, maintain, and decommission the facility, including the Independent Spent Fuel Storage Installation, transferred to NorthStar Nuclear Decommissioning Company, LLC, after the transaction was completed. Biweekly Notice; Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations, 84 Fed. Reg. 489, 499-500 (Jan. 30, 2019) (Notice of Amendment Issuance); In the Matter of Entergy Nuclear Vermont Yankee, LLC; Entergy Nuclear Operations, Inc.; NorthStar Vermont Yankee LLC; NorthStar Nuclear Decommissioning Company, LLC; Vermont Yankee Nuclear Power Station; Direct and Indirect Transfer of License; Order, 83 Fed.
Reg. 53,116, 53,117 (Oct. 19, 2018) (Order Approving Transfer).
4 See CLI-18-3, 87 NRC 87, 88 (2018). The Settlement Agreement was subsequently amended to take into account developments related to the schedule for the Vermont Public Utility Commissions decision. See Second Joint Status Report (Nov. 15, 2018), at 1-2.
5 CLI-18-3, 87 NRC at 88.
6 Third Joint Status Report (Dec. 14, 2018). The Staff approved the license transfer in October 2018, and the transaction closed in January 2019. See Order Approving Transfer, 83 Fed. Reg.
at 53,117; Notice of Amendment Issuance, 84 Fed. Reg. at 499-500.
7 State of Vermonts Notice of Withdrawal of the States Petition for Leave to Intervene and Hearing Request (Dec. 21, 2018), at 2.
8 Id. at 1; New England Coalitions Withdrawal of Its Request for a Hearing and Petition for Leave to Intervene (Dec. 14, 2018), at 1.
9 See Public Service Co. of Colorado (Fort St. Vrain Independent Spent Fuel Storage Installation), Commission Order (Oct. 29, 1990), attached to Florida Power & Light Co. (Turkey Point Nuclear Generating Plant, Units 3 and 4), CLI-91-13, 34 NRC 185, 188 n.1, 190-91 (1991) petitioners here have withdrawn their petitions and requests for hearing, we dismiss the petitions and requests for hearing without prejudice and terminate the proceeding.
For the Commission NRC Seal
/RA/
Annette L. Vietti-Cook Secretary of the Commission Dated at Rockville, Maryland, this 11th day of March, 2019.
(terminating the proceeding after the sole petitioner withdrew its petition pursuant to an agreement that it had entered with the applicant and the Staff); Houston Lighting & Power Co.
(South Texas Project, Units 1 and 2), ALAB-799, 21 NRC 360, 382 (1985).
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
)
)
ENTERGY NUCLEAR VERMONT YANKEE, LLC, )
Docket No. 50-271-LT-2 AND ENTERGY NUCLEAR OPERATIONS, INC. )
)
(Vermont Yankee Nuclear Power Station)
)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing COMMISSION MEMORANDUM AND ORDER CLI-19-04 have been served upon the following persons by the Electronic Information Exchange.
U.S. Nuclear Regulatory Commission Office of the Commission Appellate Adjudication Mail Stop: O-16B33 Washington, DC 20555-0001 E-mail: ocaamail@nrc.gov U.S. Nuclear Regulatory Commission Office of the Secretary of the Commission Mail Stop: O-16B33 Washington, DC 20555-0001 E-mail: hearingdocket@nrc.gov U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Mail Stop: T-3 F23 Washington, DC 20555-0001 E-mail: roy.hawkens@nrc.gov U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop: O14A44 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Anita Ghosh, Esq.
Catherine L. Scott, Esq.
Sherwin E. Turk, Esq.
E-mail: anita.ghosh@nrc.gov catherine.scott@nrc.gov sherwin.turk@nrc.gov Pillsbury Winthrop Shaw Pittman 1200 Seventeen St. NW Washington, DC 20036 David R. Lewis, Esq.
E-mail: David.Lewis@pillsburylaw.com Morgan Lewis Bockius 1000 Louisiana Street, Suite 4000 Houston, TX 77002 E-mail: martin.oneill@morganlewis.com Vermont Department of Public Service 112 State Street - Drawer 20 Montpelier, VT 05620 Stepanie Hoffman, Esq.
E-mail: Steph. Hoffman@vermont.gov Vermont Office of the Attorney General Environmental Protection Division 109 State Street Montpelier, VT 05620 Justin E. Kolber, Esq.
E-mail: justin.kolber@vermont.gov
DOCKET NO. 50-271-LT-2 COMMISSION MEMORANDUM AND ORDER CLI-19-04 2
Entergy Services, Inc.
101 Constitution Ave., NW Washington, DC 200012133 Susan Raimo, Esq.
E-mail: sraimo@entergy.com New England Coalition Post Office Box 76 Edgecomb, Maine 04556 Raymond Shadis E-mail: Shadis@prexar.com
[Original signed by Clara Sola ]
Office of the Secretary of the Commission Dated at Rockville, Maryland this 11th day of March, 2018