NOTE: This order is n0nprecedential.
United States Court of AppeaIs for
the F ederal Circuit
VERMONT YANKEE NUCLEAR POWER
CORPORATION, »
Plar.`ntiff-Cross Appellant,
V.
ENTERGY NUCLEAR VERMONT YANKEE, LLC
AND ENTERGY NUCLEAR OPERATIONS, INC.,
Plain.tiffs-Cross Appellants, ' _
v. '
UNITED STATES,
Defen,dant-Appellant.
2011-5033, -5034, -5042
Appea1s from the United States C0urt of Federa1
C1aimS in consolidated case n0s. 02-CV-898 and 03-CV-
2663, Judge Th0mas C. Wheele1'.
ON MOTION
Bef01'e MO0RE, Circuit Judge.

vERMoNT YAN1<_EE NUoLEAR PowER v. Us 2
0 R D E R
Plaintiff-cross appellant Entergy Nuclear Vermont
Yankee, LLC (“Entergy") moves for leave to file a two-page
response to the amended brief of Amicus Curiae State of
Vermont. The United States does not oppose Entergy’s
motion, and Plaintiff-cross appellant Vermont Yankee
Nuclear PoWer Corporation ("VYNPC") takes no position
A1nicus Curiae State of Vermont filed a brief on May
19, 2011, on its own behalf and supporting VYNPC. Under
the original briefing schedule Entergy was able to respond
to both appellants and to any amicus curiae support of
those appellants with its initial brief Amicus Curiae State
of Vermont filed an amended brief on October 24, 2011, to
which Entergy has not had the opportunity to respond.
Entergy’s proposed response states that it "agrees with
Point I.C. of Verrnont’s amended Amicus Brief, which
urges this Court not to decide whether federal law . . .
preempts Vermont’s Act 74" and, in essence, merely en-
courages the court not to decide the preemption issue. The
proposed response brief contains little, if any, substantive
argument. Additionally, because the United States has
already Eled its reply brief, it would not have the
opportunity to respond to Entergy’s proposed response.
Upon consideration thereof,
IT ls OR1:)ERED THAT:
The motion is denied.

3 vERMoNT YANKEs woman PoWER v. us
FoR THE CoURT
JAN 3 ll 2012 /sf Jan Horbaly
Date 3 an Horbaly
Clerk
ccc Brad Fagg, Esq.
Richard J ames Conway, Esq. F"_Ep
§§ °1]:l D a_Le§e1"_ ha E§1' u"Sii1cili|ii)i]1iAiPriii'i:i1Sli:0B
y e an 1s- anne o, sq. 1
525 .1AN 30 2012
JAN HORBAl.Y
CLEHK

