Tuesday, May 21, 2019
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Forest consultant speaks with Council Wednesday, 15 May 2019 20:58

Billy Rye, a forest management specialist in a consulting firm in Florence, spoke with the Scottsboro Council recently.

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Commission discusses voting precinct changes Wednesday, 15 May 2019 20:57

During the Jackson County Commission work session, budgeting of aerial photography for the county was discussed.

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Commission Chairman Guffey issues statement on funding Wednesday, 15 May 2019 20:54

Jackson County Commission Chairman Tim Guffey issued a statement last week concerning county funding.

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The Tennessee Valley Authority (TVA) has until May 29, 2019 to answer a complaint in Judge Liles C. Burke, U.S. District court. Judge Burke denied TVA’s motion to dismiss a case brought by Nuclear Development, LLC. The ruling was issued today.

Nuclear Development, LLC (ND) owned by Franklin Haney of Chattanooga, filed the lawsuit in November 2018 after the failed attempt to purchase Bellefonte Nuclear Plant near Hollywood, Ala. Haney’s company was the top bidder ($111 million) in TVA’s November 2016 auction to sell the deferred Bellefonte Nuclear Plant. ND had two years to close on the deal. 
The deal fell through in November 2018 when TVA claimed it could not sell the facility to ND due to ND’s lack of obtaining the licensing / permit transfer from the Nuclear Regulatory Commission. Nuclear Development filed a suit for breach of contract in federal court.
Judge Burke’s order stated, “As the Court has stated, the crux of TVA’s argument is that the sale of Bellefonte to ND without NRC approval of the transfer of the NRC Permits would violate federal law. This also ties into TVA’s argument that it did not breach the contract because a condition precedent – namely that no law, statute, or regulation prohibit the consummation of the Agreement – was not satisfied. In particular, TVA argues that consummation of the sale of Bellefonte would violate the Atomic Energy Act of 1954.”
ND argued that Bellefonte was not a “utilization facility” is not under construction and is in a deferred status.
ND also requested damages and a preliminary injunction against TVA. TVA’s motion for dismissal in that claim was also denied by Burke.

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21 May 2019
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