Home DONNA BARRETT, DIANNE BUCKBEE, ROBERT CRONE, and VIRGINIA CURCIO v. ENTERGY NUCLEAR GENERATION COMPANY, PETER CONNOR, EDWARD CONROY, DAVID PECK, WILLIAM KEOHAN, and MICHAEL MAIN, in their capacity as Members of the Board of Appeals of the Town of Plymouth, and PAUL MCAULIFFE, in his capacity as Director of Inspectional Services and Building Commissioner for the Town of Plymouth.

MISC 13-479028

April 4, 2017

Plymouth, ss.



Plaintiffs, residents of Plymouth owning property near the Pilgrim Nuclear Power Station (Pilgrim or the plant) in Plymouth, [Note 1] filed their Complaint in this action on August 13, 2013 and First Amended Complaint on November 18, 2013, naming Entergy Nuclear Generation Corporation (Entergy), Peter Connor, Edward Conroy, David Peck, William Keohan, and Michael Main, in their capacity as Members of the Plymouth Zoning Board of Appeals (Board), and Paul McAuliffe, in his capacity as Director of Inspectional Services (DIS) and Building Commissioner for the Town of Plymouth, as defendants. In the First Amended Complaint, the Plaintiffs appealed the Board's decision, under G.L. c. 40A, § 17, and G.L. c. 231A, §§ 1-2, to uphold the DIS's issuance of a zoning permit to Entergy for the construction of a concrete pad for an on-site independent spent fuel storage installation (ISFSI) facility (Decision).

On May 7, 2014, Entergy filed its Motion to Dismiss Plaintiffs' First Amended Complaint for Lack of Standing. On June 9, 2014, the Plaintiffs' filed their Opposition to Entergy's Motion to Dismiss. On June 16, 2014, Entergy filed its Rely in Support of its Motion to Dismiss Plaintiffs' First Amended Complaint for Lack of Standing. By a Memorandum and Order dated August 14, 2014, the court allowed in part and denied in part Entergy's Motion to Dismiss, converted to a Motion for Summary Judgment pursuant to Mass. R. Civ. P. 56, and dismissed with prejudice the claims of Plaintiffs residing farther than two miles from Pilgrim. [Note 2] On January 22, 2016, an Assented to Motion to Dismiss Plaintiffs Aileen DeCola, Patricia Carr, John Carr, and Stephanie Crone from this action and an Assented to Motion to Dismiss Defendants Theodore Bosen, Eric Heller, William DeCola, John (Jack Carr), and Susan Carr were filed. The motions to dismiss were allowed on January 27, 2016.

On July 26, 2016, the court took a view of Pilgrim and the proposed location of the ISFSI project. On July 29, 2016, the Motion to Dismiss as Plaintiffs Christine Bostek, Jacquelyn Hochstin, and Frederick Paris was allowed. This left Donna Barrett, Diane Buckbee, Robert Crone, and Virginia Curcio as the sole plaintiffs for trial. This case was tried on August 8-11, 2016 and on August 22-24, 2016. On October 28, 2016, Plaintiffs filed their Proposed Findings of Fact, Rulings of Law, and Post-Trial Memorandum of Law, and Entergy filed its Post Trial Brief, Proposed Findings of Fact and Rulings of Law. Closing arguments were heard on November 1, 2016 and the matter was then taken under advisement. In a Decision of even date, the court (Foster, J.) has made findings of fact and rulings of law.

In accordance with the court's August 14, 2014 Memorandum and Order on Entergy's Motion for Summary Judgment, the dismissals of the plaintiffs, and the Decision issued today, it is

ORDERED, ADJUDGED and DECLARED that the Decision of the Board is AFFIRMED. It is further

ORDERED and ADJUDGED that the First Amended Complaint is DISMISSED with prejudice.

By the Court.


[Note 1] Plaintiffs originally included Adam Augello, Christine Bostek, Donna Barrett, Diane Buckbee, Patricia Carr, John Carr, Carol Crone, Stephanie Crone, Robert Crone, Virginia Curcio, Aileen DeCola, Pine duBois, Sharl Heller, Jacqueline Hochstin, Frederick Paris, Norman Pierce, Phyllis Troia, and Richard Wickenden III.

[Note 2] These Plaintiffs were Aileen DeCola, Phyllis Troia, Richard Wickenden III, Norman Pierce, Pine duBois, Sharl Heller, and Adam Augello.