THE NUCLEAR ZOMBIE and DON'T FALL FOR THE "TRICK ZOMBIE"
Bellefonte, a nuclear zombie!
The Nuclear Zombie by Edwin Vasquez published in The Nation in an article by Christian Parenti on aging nuclear plants https://www.thenation.com/article/zombie-nuke-plants/
Fair Use for non-profit news reporting and commentary.
---NRC LICENSE TRANSFER STATUS---
CURRENT NRC STAUS AND DOCUMENTATION ON THE LICENSE TRASFER - TVA to Nuclear Development, LLC
Link: https://www.nrc.gov/reactors/new-reactors/bellefonte-constr-permits.html (This link along with my summary is listed at the bottom of this page.)
Chattanooga Times Free Press article by Dave Flessner on Yahoo
(Fair use for non-profit news publication, education and discussion.)
Note TVA CEO Jeff Lyash's comment: " . . . other nuclear power technologies should be better."
U.S DISTRICT COURT UPDATES
Side Bar - Don't fall for the "Trick Zombie."
My Thoughts - Don't count on Bellefonte Nuclear Facility being dead. The reason Nuclear Development, LLC lost their case regarding the purchase of the nuclear facility was due to the requirements to have a comprehensive Quality Assurance Plan required by law and monitored by the NRC. Cancellation of the NRC construction license opens the sale up without the restrictions of NRC oversight as required by law, as stated in the court documents. This may free up the sale of Bellefonte to Haney or another buyer without the oversight of the Nuclear Regulatory Commission (NRC). However, if nuclear construction is to be renewed the NRC licensing and oversight process would begin, and the licensing process has changed from the old process.
The opportunity exists for sustainable energy projects such as large scale solar, run of the river power generation and other hydro projects such as pumped storage generation.
UPDATE - September 2, 2021 - TVA's Notice to the Court - (1) The construction permits issued by the Nuclear Regulatory
Commission (“NRC”) for Units 1 and 2 at the Bellefonte site expire on October 1,
2021. . . (2) TVA sent a letter on August 31, 2021, requesting that the expiration date of the Bellefonte
construction permits be extended. (3) TVA intends to inform the NRC on or after September 10, 2021, that
as a result of the Court’s Final Judgment, TVA is withdrawing its request for
extension of the expiration date of those permits.
UPDATE FINAL JUDGEMENT
August 26, 2021 - "(1) Judgment is entered in favor of the Tennessee Valley Authority on
Counts One, Two, and Three of the Amended Complaint. (2) Purchase and Sales Agreement, judgment is entered in favor of Nuclear
Development in the amount of $22,950,000, plus prejudgment interest
at a rate of 7.5% per annum, running from December 30, 2018 to the
date of this final judgment." https://storage.courtlistener.com/recap/gov.uscourts.alnd.168540/go v.uscourts.alnd.168540.247.0_1.pdf
UPDATE - June 9, 2021 - TVA claims Nuclear Development LLC, ND, attempting to 'stick' TVA ratepayers with "Luxury Jet" and "Luxury Limousine," described as "luxury travel services" for Haney and guests travel around his home town, including locations and people not associated with legitimate business expenses. Pages 28-30 TVA vs ND, Case No.: 5:18-CV-01983-LCB, UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION https://storage.courtlistener.com/recap/gov.uscourts.alnd.168540/gov.uscourts.alnd.168540.229.0.pdf
UPDATE - JUNE 1, 2021 - March 31, 2021 Order of the UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION Case No.: 5:18-cv-1983-LCB - THE BELLEFONTE NUCLEAR POWER PLANT, UNITS 1 AND 2 Link to court document, of note are the numerous redactions depriving the public of the judiciary process relevant to the safety of the Bellefonte Nuclear Facility: https://storage.courtlistener.com/recap/gov.uscourts.alnd.168540/gov.uscourts.alnd.168540.161.0.pdf
Note Pages 51 thru 55 in this document, Referring to the loss of Quality Assurance due to cannibalization of the facility after surrender of the Construction License - quote: "[Quality Assurance] Requirements are not optional . . . 10 CFR 50.54(a), “Conditions of Licenses,” and 10 CFR 50.55(f),
“Conditions of Construction Permits,” which require that a quality
assurance program be implemented; 10 CFR Part 50, Appendix B,
which requires that all activities performed to establish, maintain, and
verify the quality of plant construction be addressed in the licensee's
quality assurance program; 10 CFR Part 50, Appendices A and B,
which require that certain quality records be retained for the life of the
plant; 10 CFR 50.55(e), which requires reporting of deficiencies in
design, construction, quality assurance, etc.; 10 CFR 50.71, which
applies to the maintenance of records; and 10 CFR Part 21, which
applies to reporting of defects and noncompliance. Those NRC
regulatory guides that endorse the ANSI N45.2 series of standards,
“Quality Assurance Requirements for Nuclear Power Plants,” also are
applicable and include Regulatory Guides 1.28, 1.37, 1.38, 1.58, 1.88,
and 1.116."
"Because the transfer of the Bellefonte site without NRC approval would have
been unlawful under Section 101 of the Atomic Energy Act, the closing condition
set forth in Section 6(a)(v) was not satisfied, and Nuclear Development’s motion for
summary judgment is denied."
It is of interest to note in the latest filing on April 7, 2021 by Nuclear Development LLC (ND) maintains the Court Erred, of course they do. It appears ND is grasping for elusive straws.
UPDATE: NOTE ITEM 51 at this link regarding Quality Assurance. TVA can't satisfy Quality Assurance as the nuclear reactor under construction had it's construction license terminated per request of the owner, TVA. All Quality Assurance ceased when Units 1 & 2 were stripped and cannibalized of critical parts and systems with large holes cut into the facilities to remove components as described in ITEMs 3 thru 8, describing parts removed and the non-operable condition of the plant. Thus, ITEM 51 is misleading and not accurate as Quality Assurance was terminated and cannot be satisfied in accordance with law and regulatory purpose during the period of the termination of the NRC license to construct, 2005 thru 2007.
Listing of the Case (This is page 1 there are 2 pages): https://www.courtlistener.com/docket/8410732/nuclear-development-llc-v-tennessee-valley-authority/?page=1
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OVERVIEW - 13 YEARS OF ALL THINGS BELLEFONTE ON THIS BLOG: https://arklite.blogspot.com/search/label/Bellefonte%20Nuclear%20Power%20Plant
Expert Testimony - Declarations
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
DOCKET NOS. 50-438 and 50-439
Expert Testimony and Declarations, Document includes sworn testimony of nuclear power experts and NRC Officials. Link -
Quote (pg14): ". . . licensure and operation of TVA’s Bellefonte Units 1 and 2 pose a grave risk to public health and safety without an entirely new construction permitting process, Quality Assurance Program, and environmental data analysis. . . "
NRC Senior Project Manager Joseph Williams
also identified these very same broad quality assurance weaknesses in reinstating the
construction permits for Bellefonte Units 1 and 2. In his analysis Williams said, ". . . it is apparent that
the facility has not been preserved in the same state it was when
the construction permits were terminated. As noted, these activities
were not conducted in a manner consistent with NRC regulations."
Published accounts show that members of TVA’s own staff questioned
the foolishness of stripping the Bellefonte Units of their valuable nuclear
components and leaving the plant open to natural environmental degradation. Quote Regarding the Bellefonte Nuclear Plant Cannibalization: "Dr. Bob Doggart, a former senior engineering specialist at TVA who now serves as the managing lead assessor for the British Institute of Nondestructive Testing LLC said. “To allow outsiders to come in and remove key equipment for virtually nothing was unbelievably foolish.” Chattanooga Times Free Press on March 29, 2009"
In summary - Mr. Gunderson, a nuclear engineer and former nuclear power executive, describes 21 important points in his sworn testimony of why the Bellefonte Nuclear Facility construction permit is faulty and problematic as to violations of law and policy regarding construction and operations of the Bellefonte Nuclear facility, pages 2-14 in the report linked above, which includes testimony of the NRC own experts revealing critical faults regarding Bellefonte Nuclear Operations.
VIDEO HIGHLIGHTING THE EXPERT TESTIMONY TO THE NRC, NUCLEAR REGULATORY COMMISSION, REGARDING THE FAILURES OF LAW, REGULATION AND POLICY WHICH CREATES A THREAT TO THE HEALTH AND SAFETY OF CITIZENS IN JACKSON COUNTY ALABAMA AND THE TRISTATE AREA.
TROUBLE AT BELLEFONTE - POLITICS AND UNSCROUPOLUS, CORRUPT FINANCIAL PRACTICES IN THE ATTEMPT TO UNLAWFULLY INFLUENCE THE ISSUE OF NUCLEAR LICENSING OF BELLEFONTE
Congressman Mo Brooks comments on unscrupulous financial activity regarding the Bellefonte Nuclear Construction license transfer - http://www.waff.com/story/38802403/wall-street-journal-connects-bellefonte-project-to-former-trump-attorney
9 August, 2018, Wall Street Journal - Prosecutors in the Trump Investigation have called on Franklin Haney to answer questions about the money involvement regarding Trump/Cohen and others in the Bellefonte deal. WSJ article: https://www.wsj.com/articles/a-top-trump-donors-dealings-with-michael-cohen-trigger-scrutiny-1533850870
CURRENT NRC STAUS AND DOCUMENTATION ON THE LICENSE TRASFER - TVA to Nuclear Development, LLC
UPDATE - July 18, 2022 - U.S. DISTRICT COURT DECISION
1. TVA’s Motion to Vacate the Order holding the Parties to their Joint
Stipulations (Doc. 250) is Granted;
2. TVA’s Motion to Alter or Amend the Final Judgment (Doc. 254) is Granted
3. Nuclear Development’s Motion for New Trial (Doc. 260) is Denied
4. Nuclear Development’s Motion to Alter / Amend (Doc. 259) is Denied.
5. An Amended Final Judgment reflecting the correct pre– and post– judgment
interest rates will be entered contemporaneously with this Order.
DONE and ORDERED July 18, 2022. LILES C. BURKE
UNITED STATES DISTRICT JUDGE
In addition, July 18, 2022 the TVA's rate of interest regarding the "Earnest Money" was amended to 6%.
To Summarize: Shortcuts, corrupt practices, human reliability failures in violation of law and policy regarding construction, transfer of licenses, and operations at the Bellefonte Nuclear Facility "pose a grave risk to public health and safety."
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