FOR IMMEDIATE RELEASE
August 5, 2013
Contact: Raymond Shadis – Technical Advisor – 207-380-5994
Brice Simon – Attorney for NEC– 802-760-6773
James Dumont –Attorney for VPIRG – 802-453-7011
Interveners to Public Service Board: Seek Employment and Finance Document that have so far been Withheld by Entergy Vermont Yankee
Late Friday afternoon attorneys for New England Coalition and the Vermont Public Interest Research Group filed joint motion with the Vermont Public Service Board asking the Board to take judicial notice of the following facts:
1) in July, 2013 Entergy Nuclear Operations, Inc. managers indicated the Company may lay off up to 10 percent of the facility’s 650 workers, and by July 30, 2013 had confirmed 30 layoffs (totaling 4% of the Vermont Station’s workforce);
2) that Entergy’s 2013 Preliminary Second Quarter Earnings showed a decline of over $1.00 per share; and
3) that Entergy’s Human Capital Management Initiative results in Entergy employees being required to essentially reapply for their jobs.
NEC and VPIRG are interveners in Entergy Vermont Yankee’s petition for VPSB approval to extend operation of the Vermont Yankee Nuclear Power Station for 20 more years. The station’s forty year permits were capped on March 21, 2012.
NEC and VPIRG are also asking the Board to require Entergy VY to produce documents and sworn statements containing planning information regarding the recently revealed layoff plans and potentially any plans for further reductions beyond that. Among the documents sought is Entergy’s “Human Capital Management Initiative,” passed to Vermont Digger by an inside source about July 16th but apparently never revealed to the Public Service Board before hearings on the VY matter closed in late June.
In addition to seeking answers to what-did-they-know and when-did-they-know-it question, the interveners are asking the Board to incorporate all of the information into the record of the proceedings so that it can be considered in rendering a decision, expected now in late November.
The following document is a product of file-type conversion from the original PDF (2013-08-02 Motion to Supplement Record) formatted file and may contain typographical and spacing errors. The pdf original is attached, together with the exhibits cited.
STATE OF VERMONT
PUBLIC SERVICE BOARD
|Amended Petition of Entergy Nuclear Vermont Yankee, LLC, and Entergy Nuclear Operations, Inc., for amendment of their Certificate of Public Good and other approvals required under 30 V.S.A. § 231(a) for authority to continue after March 21, 2012, operation of the Vermont Yankee Nuclear Power Station, including the storage of spent nuclear fuel||August 2, 2013 Docket No. 7862|
,JOINT MOTION TO SUPPLEMENT RECORD, FOR JUDICIAL NOTICE OF
FACTS, AND FOR ORDER REOUIRING PETITIONERS TO FURTHER
NOW COMES the New England Coalition, Inc. (NEC), by and through counsel Jared Margolis, Esq., and Brice Simon, Esq, of Breton & Simon, PLC, jointly with the Vermont Public Interest Research Group (VPIRG), by and through counsel James Dumont, Esq., and hereby moves the Public Service Board (hereinafter the “Board”) to issue an Order supplementing the record in Docket No. 7862 by taking judicial notice of the following facts: 1) in July, 2013 Entergy Nuclear Operations, Inc. managers indicated the Company may lay off up to 10 percent of the facility’s 650 workers, and by July 30, 2013 had confirmed 30 layoffs (totaling 4% of the Vermont Station’s workforce); 2) that Entergy’s 2013 Preliminary Second Quarter Earnings showed a decline of over $1.00 per share; and 3) that Entergy’s Human Capital Management Initiative results in Entergy employees being required to essentially reapply for their jobs. In addition, movants seek an order requiring Petitioners to further supplement the record with the following: I) a statement from an employee with knowledge of the layoffs at the Vermont Yankee Station, indicating the actual number of layoffs anticipated for 2013; 2) a statement from an employee with knowledge of the Company’s most recent human resources planning activities, stating when Petitioners knew they would be laying off approximately 30 or more Vermont Yankee Nuclear Power Station employees; and 3) a copy of “Entergy’s Human Capital Management Initiative.” In support whereof, movants submit the following exhibits;
A) July 18,2013 VTDigger article regarding anticipated workforce reductions at the VY Station;
B) July 16,2013 Entergy News Release titled, “Entergy Provides Preliminary Second Quarter Earnings Guidance;” and
C) July 30,2013 Fairwinds Energy Education article titled “Vermont Yankee to cut about 30 jobs.”
In addition, movants submit that, pursuant to Vermont Rule of Evidence 201(b)(2), the facts regarding which judicial notice is requested herein are capable of accurate and ready determination. As Petitioners are further requested to supplement the record with information clarifying the actual extent of layoffs, when those layoffs were determined by the Company to be reasonably likely to occur, and the actual Human Capital Management initiative referenced in the VT Digger article (Exhibit A), there is specific “resort to sources whose accuracy cannot reasonably be questioned” regarding the facts being judicially noticed.
To be clear, the purpose of this motion is to ensure that the record is complete, prior to the Parties’ submission of briefs. The technical hearings in this matter were conducted in February, 2013, with the rebuttal phase technical hearings completed June 28,2013. In mid-July, 2013, the press reported that up to 10% of the Vermont Yankee Station workforce may be laid off (Exhibit A), citing au “internal” Capital Management
Initiative. By June 30,2013, the Company was claiming there would be only a 4% workforce reduction at the VY Station (Exhibit C). Also in mid-July, 2013, Petitioners’ Preliminary Second Quarter Earnings Guidance press release (Exhibit B) was issued, indicating a further reduction in the Company’s shares price, and acknowledging additional, previously unanticipated expenses. As all of the referenced information came to light shortly after the record was closed, the Board should take judicial notice of the facts referenced herein, and should require Petitioners to supplement the record by providing admissible evidence of: I) the actual extent of anticipated layoffs at the V Y Station planned for 2013; 2) when Petitioners became aware the anticipated layoffs were likely; and 3) the complete Human Capital Management Initiative document referenced in Exhibit A.
WHEREFORE, movants respectfully request the Board enter an Order reopening the record for the limited purpose of accepting as judicially noticed the following facts not subject to reasonable dispute:
1) In mid-July, 2013, Entergy Nuclear Operations, Inc. managers acknowledged the Company may lay off 10 percent of the facilities 650 workers, then on July 30,2013 a Company representative stated that 30 workers, or 4% of the VY Station workforce would be laid off;
2) That Entergy’s 2013 Preliminary Second Quarter Earnings showed a decline of over $1.000 per share; and
3) That Entergy’s Human Capital Management Initiative results in Entergy employees at the VY Station being asked to complete lengthy applications to maintain their employment.
In addition, movants respectfully request the Board to order Petitioners to further
supplement the record with competent evidence establishing the following:
1) The actual extent of anticipated layoffs at the VY Station planned for 2013;
2) When Petitioners became aware the anticipated layoffs at the VY Station were likely to occur; and
3) The complete Human Capital Management Initiative document referenced in Exhibit A attached hereto and incorporated herein by reference. DATED at Stowe, Vermont this 2″d day of August, 2013.
NEW ENGLAND COALITION, INC.
Brice Simon, Esq. and Jared MArgolis, Esq. Breton & Simon, PLCPO Box 240
340 Mountain Road
Stowe, VT 05672
VERMONT PUBLIC INTEREST RESEARCH GROUP:
:James Dumont, Esq.
15 Main St., PO Box 229 Bristol, VT 05443