VERMONT DEPT. OF PUBLIC SERVICE v. U.S.

Nos. 11-1168, 11-1177.

684 F.3d 149 (2012)

VERMONT DEPARTMENT OF PUBLIC SERVICE et al., Petitioner v. UNITED STATES of America and Nuclear Regulatory Commission, Respondents Entergy Nuclear Operations, Inc. and Entergy Nuclear Vermont Yankee, LLC, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 26, 2012.


Attorney(s) appearing for the Case

Elizabeth Miller , pro hac vice, argued the cause for the petitioners. Anthony Z. Roisman , John Beling and Christopher M. Kilian were on brief. Tricia K. Jedele entered an appearance.

Mark D. Davis and Christopher J. Wright were on brief for amici curiae Riverkeeper et al. in support of the petitioners. Timothy J. Simeone entered an appearance.

Eric T. Schneiderman , Attorney General, Office of the Attorney General for the State of New York, and Barbara D. Underwood , Solicitor General, were on brief for amicus curiae State of New York in support of the petitioners. John J. Sipos and Lisa M. Burianek , Assistant Attorneys General, and Monica B. Wagner , Assistant Solicitor General, entered appearances.

Sean D. Croston , Attorney, United States Nuclear Regulatory Commission, argued the cause for the respondents. John E. Arbab , Attorney, United States Department of Justice, Stephen G. Burns , General Counsel, United States Nuclear Regulatory Commission, and John F. Cordes, Jr. , Solicitor, were on brief.

Kevin P. Martin argued the cause for intervenors Entergy Nuclear Operations, Inc. et al. David R. Lewis and Elise N. Zoli were on brief.

Adam J. White was on brief for amicus curiae Energy Future Coalition in support of the respondents.

Opinion for the Court filed by Circuit Judge HENDERSON.


KAREN LECRAFT HENDERSON, Circuit Judge:

The Vermont Department of Public Service (DPS) and the New England Coalition (NEC) petition for review of a decision of the Nuclear Regulatory Commission (NRC, Commission), issuing to Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc. (collectively, Entergy) a renewed license to operate the Vermont Yankee Nuclear Power Station (Vermont Yankee). The petitioners contend the license renewal was unlawful because...

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