(NOTE FROM WEBMASTER: SEE HIGHLIGHTED INFO BELOW.)

STATE OF VERMONT

PUBLIC SERVICE BOARD

July 22, 2008

Docket 7440

In the Matter of

Entergy Nuclear LLC., and Entergy Nuclear

Vermont Yankee: Petition for a Certificate

Of Public Good and To Obtain Approval for

Twenty Additional Years of Operation of

Vermont Yankee Nuclear Power Station

NEW ENGLAND COALITION INC’S PETITION FOR LEAVE TO INTERVENE

I. PETITION

Pursuant to Public Service Board Rule 2.209, New England Coalition, Inc. dba, New England Coalition – Opposing Nuclear Pollution (NEC) moves to intervene in the above-captioned matter.

Board Rule 2.209(A) provides that the Public Service Board (“the Board”) shall grant intervention as of right upon an applicant’s demonstration: (1) of a substantial

interest which may be adversely affected by the outcome of the proceeding; (2) that the proceeding affords the exclusive means by which the applicant can protect that interest; and (3) that the applicant’s interest is not adequately represented by existing parties.

Board Rule 2.209(B) provides that the Board may grant permissive intervention when an applicant demonstrates a substantial interest in the outcome of the proceeding. In the exercise of its discretion, the Board is to consider: (1) whether the applicant’s interest will be adequately protected by other parties; (2) whether alternatives exist by which the applicant’s interest can be protected; and (3) whether intervention will unduly delay the proceeding or prejudice the interests of existing parties or of the public.

NEC satisfies the conditions for intervention as of right, or, in the alternative, for permissive intervention.

A. NEC has a substantial interest in the outcome of this proceeding.

NEC is a Vermont not-for-profit corporation (formerly the New England Coalition on Nuclear Pollution) with headquarters and property within the Vermont Yankee Emergency Planning Zone. Since 1971, NEC’s purpose has been to oppose nuclear hazards, and advocate for increased safety and more effective regulation of existing nuclear power plants, and the development of sustainable energy alternatives to nuclear power.

NEC has numerous members who reside in Vermont Yankee’s immediate vicinity, who are electric customers in Vermont, and whose concrete and particularized interests will therefore be directly affected by this proceeding.

On behalf of its members, NEC is interested in a comprehensive evaluation of all information concerning the reliability of the Vermont Yankee nuclear plant and the likelihood that failure of plant components under the stress of extended operation could result in derates that will eventually increase electricity costs to Vermont ratepayers

NEC is also concerned that Vermont Yankee operation in excess of component design life may increased the risk, and with it the financial risk of severe plant accidents. Among the many financial risks are the potential costs of reduced property values, dislocation, reduction of quality of life, increased healthcare costs, the loss of market value of forest and farm products, losses to tourism and outdoor sports industries, and the denial of land use for agriculture and habitation. NEC is also interested in a full consideration of any potential mitigation and/or modification strategies to address the increases risks associated with operation beyond component design life. Further, NEC is deeply concerned with recent events, such as cooling tower failures, sticking turbine stop valves, and condenser in-leakage which appear to be both age-related and maintenance related failures. NEC’s interest in, and ability to contribute to, the Board’s consideration of such Vermont Yankee performance matters is well established through NEC’s admittance and participation in recent years as an intervener in Public Service Board Dockets 6545, 6812, 6812-A, 7082 and 7195.

B. NEC can protect its interest only by participation in this proceeding, and NEC’s interest is not fully represented by the Department of Public Service.

NEC can protect its above-stated interests only by participating in this proceedings – there is no alternate forum. While NEC’s interests in ensuring the reliability of the Vermont Yankee plant under uprate operation, and in protecting the economic interests of its members who purchase electricity in Vermont are aligned with those of the Department of Public Service (DPS), NEC and the DPS have in the past taken differing positions regarding the adequacy and implications of analysis of Vermont Yankee performance issues, and concerning appropriate mitigation. See, Public Service Docket 6812. NEC brings a different perspective and substantial expertise to these issues, which it respectfully requests that the Board consider.

C. NEC’s participation will not unduly delay the proceeding or prejudice the interests of existing parties or of the public.

NEC’s participation will not prejudice the interests of existing parties or the public.

Nor will NEC’s participation delay the proceeding. NEC is generally amenable to the target dates for final technical hearings, briefs, and decision nominated in the DPS Proposed schedule as offered in pre-hearing conference on July 10, 2008. NEC’s sole concern and recommendation regarding the proposed schedule is the pace set for the beginning of the proceeding where NEC has contended that the date for filing interventions does not allow for sufficient notice and where the rapid cycle of the first round of discovery upon the petitioner may prove a challenge to interveners taking up the petition for the first time upon notice of the hearing.

II. NEC’S ADDITIONAL COMMENTS

Given the extremely tight schedule in this matter, NEC requests electronic service of all filings.

III. CONCLUSION

For all of the good reasons stated above, NEC’s petition to intervene should be granted.

July 22, 2008 New England Coalition, Inc.

by: __________________________________

Raymond Shadis

Cc: Petitioner and Service List – Docket 7440