ML18102A095

Commission Memorandum and Order (CLI-18-03)

ML18102A095
Person / Time
Site:	Vermont Yankee File:NorthStar Vermont Yankee icon.png
Issue date:	04/12/2018
From:	Annette Vietti-Cook NRC/SECY
To:	New England Coalition
SECY RAS
References
50-271-LT-2, CLI-18-03, License Transfer, RAS 54269
Download: ML18102A095 (5)

Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION COMMISSIONERS:

Kristine L. Svinicki, Chairman Jeff Baran Stephen G. Burns In the Matter of Docket No. 50-271-LT-2 ENTERGY NUCLEAR VERMONT YANKEE, LLC, and ENTERGY NUCLEAR OPERATIONS, INC.

(Vermont Yankee Nuclear Power Station)

CLI-18-03 MEMORANDUM AND ORDER In this license transfer proceeding involving the Vermont Yankee Nuclear Power Station, both the State of Vermont and the New England Coalition (NEC) requested a hearing and petitioned to intervene.1 Both petitioners recently informed us that they anticipate withdrawing from this adjudicatory proceeding.2 Specifically, both state that they have signed a Settlement Agreement with the Applicants3 regarding the proposed license transfer. Vermont and NEC 1

See 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 See State of Vermonts Notice of Anticipated Withdrawal of the States Petition for Leave to Intervene and Hearing Request (Mar. 7, 2018) (Vermont Notice); 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) (NEC Amended Motion)

(amending motion filed on Mar. 7, 2018).

3 Entergy Nuclear Operations, Inc., the licensed operator of the power station, filed the license transfer application on behalf of itself, Entergy Nuclear Vermont Yankee, LLC (the stations licensed owner), and the NorthStar Nuclear Decommissioning Company, LLC (together, the Applicants). As proposed in the application, authority to possess, maintain, and decommission

state that they intend to formally withdraw their respective petitions to intervene and requests for hearing if the Settlement Agreement remains in place without substantial alteration.

Because the Settlement Agreement specifies a deadline and terms under which any party to the Agreement may withdraw, the petitioners have filed notices of anticipatednot immediatewithdrawal from this proceeding.4 NEC requests that we hold in abeyance its intervention petition and request for hearing until the Vermont Public Utility Commission issues a final order and time for any party wishing to withdraw from the Settlement Agreement has lapsed.5 NEC additionally states that it contacted counsel for the Applicants, who do not oppose NECs motion.

In light of the Settlement Agreement and the NEC and Vermont notices of anticipated withdrawal, and having received no objection to NECs motion, we grant the motion. We will hold in abeyance the NEC petition for leave to intervene and request for hearing, pending further notification from NEC, Vermont, or the Applicants, or further Commission order.

Because the Vermont intervention petition and hearing request are similarly situated, we likewise hold them in abeyance. In all cases, the litigants should file a joint status report with us by no later than August 13, 2018.

the facility, including the Independent Spent Fuel Storage Facility, would transfer to NorthStar.

See Letter from A. Christopher Bakken, III, President and Chief Executive Officer, Entergy Nuclear Operations, Inc., to NRC Document Control Desk, Application for Order Consenting to Direct and Indirect Transfers of Control of Licenses and Approving Conforming License Amendment and Notification of Amendment to Decommissioning Trust Agreement (Feb. 9, 2017), Attach. 1 at 1-2, 8 (ADAMS accession no. ML17045A140 (package)).

4 The Settlement Agreement provides that if, by July 31, 2018, the Vermont Public Utility Commission has not issued an order that approves the proposed transaction and incorporates the terms and conditions of the Settlement Agreement substantially in their entirety without material alterations, any party to the Settlement Agreement may withdraw from it by providing written notice within 10 days of July 31, 2018, or the date the PUC issues an order. See Vermont Notice at 1-2 (referencing attached Settlement Agreement at 18); NEC Amended Motion at 2.

5 NEC Amended Motion at 2.

IT IS SO ORDERED.

For the Commission NRC Seal

/RA/

Annette L. Vietti-Cook Secretary of the Commission Dated at Rockville, Maryland, this 12th day of April, 2018

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-18-03 have been served upon the following persons by the Electronic Information Exchange.

U.S. Nuclear Regulatory Commission Pillsbury Winthrop Shaw Pittman Office of the Commission Appellate Adjudication 1200 Seventeen St. NW Mail Stop: O-16B33 Washington, DC 20036 Washington, DC 20555-0001 David R. Lewis, Esq.

E-mail: ocaamail@nrc.gov E-mail: David.Lewis@pillsburylaw.com U.S. Nuclear Regulatory Commission Morgan Lewis Bockius Office of the Secretary of the Commission 1000 Louisiana Street, Suite 4000 Mail Stop: O-16B33 Houston, TX 77002 Washington, DC 20555-0001 E-mail: martin.oneill@morganlewis.com E-mail: hearingdocket@nrc.gov Vermont Department of Public Service U.S. Nuclear Regulatory Commission 112 State Street - Drawer 20 Atomic Safety and Licensing Board Panel Montpelier, VT 05620 Mail Stop: T-3 F23 Stepanie Hoffman, Esq.

Washington, DC 20555-0001 E-mail: Steph. Hoffman@vermont.gov E-mail: roy.hawkens@nrc.gov Vermont Office of the Attorney General U.S. Nuclear Regulatory Commission Environmental Protection Division Office of the General Counsel 109 State Street Montpelier, VT 05620 Mail Stop: O14A44 Kyle Landis-Marinello, Esq.

U.S. Nuclear Regulatory Commission kyle.landis-marinello@vermont.gov Washington, DC 20555-0001 Anita Ghosh, Esq.

Catherine L. Scott, Esq.

Sherwin E. Turk, Esq.

John Tibbetts, Paralegal E-mail: anita.ghosh@nrc.gov catherine.scott@nrc.gov sherwin.turk@nrc.gov john.tibbetts@nrc.gov

DOCKET NO. 50-271-LT-2 COMMISSION MEMORANDUM AND ORDER CLI-18-03 Entergy Services, Inc. New England Coalition 101 Constitution Ave., NW Post Office Box 76 Washington, DC 200012133 Edgecomb, Maine 04556 Susan Raimo, Esq. Raymond Shadis sraimo@entergy.com E-mail: Shadis@prexar.com

[Original signed by Clara Sola ]

Office of the Secretary of the Commission Dated at Rockville, Maryland this 12th day of April, 2018 2