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IN RE ENTERGY NUCLEAR VERMONT YANKEE, LLC

No. 06-161.

939 A.2d 504 (2007)

2007 VT 103

In re Petition of ENTERGY NUCLEAR VERMONT YANKEE, LLC, et al.

Supreme Court of Vermont.

September 14, 2007.

Attorney(s) appearing for the Case

David C. Coen and John D. Barke, Board Members.

Ronald A. Shems and Karen Tyler (on the Brief) of Shems Dunkiel Kassel & Saunders PLLC, Burlington, for Appellant.

Sarah Hofmann, Montpelier, for Appellee Vermont Department of Public Service.

Victoria J. Brown and Joslyn Wilschek, Primmer Piper Eggleston & Cramer, PC, Burlington, for Appellees Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc.

Present: REIBER, C.J., DOOLEY, JOHNSON, SKOGLUND and BURGESS, JJ.

DOOLEY, J.

¶ 1. The New England Coalition (NEC) appeals a Public Service Board order. The Board concluded that the conditions set by its previous decision had been satisfied and thereafter authorized Entergy Nuclear Vermont Yankee, LLC, and Entergy Nuclear Operations, Inc. (Entergy) to increase power output at the Vermont Yankee nuclear power plant. NEC claims the Board violated statutory procedural requirements by not conducting an evidentiary hearing before...

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