ML21246A132

Bellefonte Nuclear Plant, Unit 1 and 2, Status Update and Request to Continue to Hold Pending Appeal

ML21246A132
Person / Time
Site:	Bellefonte
Issue date:	09/03/2021
From:	Mccollum W Nuclear Development
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
Download: ML21246A132 (2)

Text

Nuclear Development, LLC 3 Bethesda Metro Center Suite 515 Bethesda, MD 2081 September 3, 2021 10 CFR 50.80 10 CFR 50.90 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, D.C. 20555-0001

Subject:

Status Update and Request to Continue to Hold Pending Appeal Bellefonte Nuclear Plant, Unit 1 and 2 Construction Permits Nos. CPPR -122 and CPPR-123 NRC Docket Nos. 50-438 and 50-439

References:

1. Application for Order Approving Construction Permit Transfers and Conforming Administrative Construction Permit Amendments, November 13, 2018 (ML18318A428)

2. Status of NRC Staffs Review of Nuclear Development LLCs Application for Order Approving Construction Permit Transfers and Conforming Administrative Permit Amendments and Construction Permit Extension Requests, August 31, 2020 (ML20230A369)

3. US NRC Staff Response to Nuclear Development, November 3, 2020. (ML20286A172)

In Reference 1, Nuclear Development (ND) filed a request for U.S. Nuclear Regulatory Commission (NRC) consent for the transfer of the Construction Permits for Bellefonte Units 1 and 2 from current permit holder the Tennessee Valley Authority (TVA) to ND. In Reference 2, NRC indicated it could not complete its review until ND provided additional information on its right to possession of the site in accordance with 10 CFR 50.80(b)(2).

Because TVA refused to close the planned sale of the plant, ND filed a breach of contract claim and request for specific performance in the U.S. District Court for the Northern District of Alabama on November 30, 2018 (Case no. 5:18-CV-01983-LCB). In Reference 3, the NRC indicated that it was holding NDs transfer request and would complete its review upon submittal

of the outstanding information related to right to possession of the site. On August 26, 2021, the Court ordered a final and appealable judgement denying NDs claim.

ND is considering a possible appeal of the Courts decision. Accordingly, ND requests that the NRC continue to hold the transfer request pending final resolution of ND entitlement to possession of the site. ND will inform the NRC of any further developments in the status of the dispute.

Sincerely, William R. McCollum, Jr.

Chief Executive Officer & Chief Nuclear Officer Nuclear Development, LLC cc:

Omid Tabatabai, Senior Project Manager U.S. Nuclear Regulatory Commission Regional Administrator, Region II U.S. Nuclear Regulatory Commission State Health Officer Alabama Dept. of Public Health P.O. Box 303017 Montgomery, AL 36130-3017 Mr. Timothy Rausch Chief Nuclear Officer Tennessee Valley Authority 1101 Market Street Lookout Place 3R Chattanooga, TN 37402-2801 2