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IN RE PROPOSED SALE OF YANKEE NUCLEAR POWER

No. 02-368.

829 A.2d 1284 (2003)

2003 VT 53

In re PROPOSED SALE OF VERMONT YANKEE NUCLEAR POWER STATION, et al. (New England Coalition, Appellant).

Supreme Court of Vermont.

July 25, 2003.

Attorney(s) appearing for the Case

James A. Dumont of Law Office of James A. Dumont, P.C., Middlebury, for Appellant.

James Volz, Montpelier, for Appellee Vermont Department of Public Service.

Victoria J. Brown and Peter F. Young of Eggleston & Cramer, Ltd., Burlington, for Appellees Entergy Nuclear Vermont Yankee, PLLC and Entergy Nuclear Operations, Inc.

John H. Marshall, Nancy S. Malmquist and Robert A. Miller, Jr. of Downs Rachlin Martin PLLC, St. Johnsbury, for Appellee Vermont Yankee Nuclear Power Corp.

Kenneth C. Picton, Rutland, and Morris L. Silver, Benson, for Appellee Central Vermont Public Service Corp.

Peter H. Zamore of Sheehey Furlong & Behm P.C., Burlington, for Appellee Green Mountain Power Corp.

Present: AMESTOY, C.J., DOOLEY, SKOGLUND, JJ., and TEACHOUT, Superior Judge, and ALLEN, C.J. (Ret.), Specially Assigned.

AMESTOY, C.J.

¶ 1. The New England Coalition (NEC) appeals from an order of the Vermont Public Service Board approving the sale of the Vermont Yankee Nuclear Power Station to Entergy Nuclear Vermont Yankee, L.L.C. (ENVY). NEC claims error in the Board's conclusions that ENVY and its operating affiliate, Entergy Nuclear Operating Company (ENO), do not need a certificate of public good (CPG) under 30 V.S.A. § 248, and that ENVY is eligible for a CPG under...

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