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Jacksonville Electric Authority (JEA) tried to become part-owner of Plant Vogtle in 2019

   Lawsuit settlement document shows JEA tried to become part-owner of Plant Vogtle in 2019  https://www.jacksonville.com/story/news/local/2020/08/24/jea-prepared-1-9-billion-offer-plant-vogtle-nuclear-plant-2019/3402832001/  

David Bauerlein,  Florida Times-UnioBefore JEA lost a lawsuit in June that tried to void its contract for purchasing electricity from Plant Vogtle, the utility wanted to settle the suit in 2019 by buying an ownership stake in the Georgia nuclear plant for $1.9 billion, according to a draft document that outlined terms of the utility’s strategy for settlement talks.

The controversial power purchase agreement, which dates back to 2008, weighs heavily on JEA because the contract binds JEA to buy electricity for 20 years at a high cost from two Vogtle nuclear reactors slated to go online in late 2021 and late 2022.

The agreement also was a thorny issue for JEA when it sought offers last year from private companies for a potential sale of the city-owned utility. Converting the power purchase agreement into an ownership interest in Plant Vogtle would have made JEA a more marketable asset.

The settlement talks in April 2019 occurred during the tenure of Aaron Zahn, who was CEO when the JEA board voted in July 2019 to put the utility up for sale. Since then, Zahn along with the rest of the senior leadership team and the board have been replaced.

JEA spokeswoman Gerri Boyce said the turnover means current JEA employees cannot say what the rationale was for any settlement offers in April 2019.

“Anything we could say would be speculation since no one currently at JEA was part of that meeting or proposed settlement,” Boyce said.

When JEA first evaluated privatization in early 2018 — prior to Zahn becoming CEO — an attorney for Holland and Knight sent an email to JEA outlining possible strategies for how JEA could get out of the purchase power agreement.

“Obviously, Plant Vogtle and and the purchase agreement (PPA) greatly affect valuation,” Holland & Knight attorney  Allen Maines wrote in the Feb. 4, 2018, email.

Maines wrote that “one underlying assumption to privatization is that prospective purchasers will not be interested unless JEA sheds itself of the PPA.”

Maines wrote one way to get rid of the agreement would be to pay the Municipal Electric Authority of Georgia, also known as MEAG, to “take back the PPA.”

When JEA and MEAG entered into settlement talks in April 2019, Holland & Knight drafted proposed terms of a settlement in which JEA would pay $1.9 billion to MEAG in order to get JEA released from the power purchase agreement.

In turn, JEA would become part-owner of the Plant Vogtle plant by having a stake equal to 150 megawatts of the two reactors being built. That would be less than the 206 megawatts of electricity in the power purchase agreement.

WJXT-TV reported in April 2019 that JEA and MEAG met in Atlanta for settlement talks. WJXT reported at that time JEA was negotiating to get out of the nuclear power contract.

The station disclosed the talks after a JEA administrative aide mistakenly sent an email to WJXT reporter Jim Piggott that had the draft settlement terms attached to it.

The ownership stake would have given JEA more direct influence over decisions on Plant Vogtle, whose construction is years behind schedule with a cost that has doubled since JEA entered the power purchase agreement in 2008.

The proposed terms also would have enhanced the marketability of the utility in a sale to a private company.

If a private company purchased JEA, the rates charged to customers would have been regulated by the Florida Public Service Commission.

In the commission’s rate-setting structure, an investor-owned utility does not earn a profit from a purchase-power agreement, said Florida Public Counsel J.R. Kelly of the Office of Public Counsel, which represents consumers in rate-setting cases before the Public Service Commission.

A private utility’s cost from a purchase-power agreement is regulated as a break-even expense, meaning it doesn’t lose money or earn a profit from such agreements, Kelly said. The utility just passes the cost through to customers in the overall rate structure.

But if a private utility has ownership of a plant, it can get a profit from owning an asset and have that profit built into the rate structure approved by the state

Kelly said.

“They have a right to a return of and a return on that asset,” Kelly said. “That’s how they make a profit. That’s how utilities earn money.”

The draft settlement terms from April 2019 for Plant Vogtle proposed that after JEA paid $1.9 billion to end the power purchase agreement and become a part-owner of the nuclear plant, JEA no longer would pay any additional money to cover future cost over-runs for the plant’s construction.

The settlement talks failed to reach any agreement with MEAG. When JEA entered into negotiations last year for the potential sale of the utility, JEA proposed to separate the Plant Vogtle purchase power agreement from the sale by having JEA remains as a shell entity that would remain a party to the agreement.

The cost of the power purchase agreement then would have been passed along to customers on their bills. That arrangement would have been a hard sell to City Council members who would have had to agree to the terms of any sale.

U.S. District Judge Mark Cohen ruled June 17 in MEAG’s favor by finding the power purchase agreement is valid and enforceable. JEA and MEAG then agreed to end the lawsuit.

August 25, 2020 Posted by | Legal, USA | Leave a comment

Court actions over delays in delivering Russia’s giant nuclear icebreaker line

August 22, 2020 Posted by | Legal, Russia | Leave a comment

South Carolina’s $9 billion nuclear fiasco – another legal saga develops, criminal investigation coming

3 years later: How the fallout from SC’s $9 billion nuclear fiasco continues   Post and Courier,  By Avery G. Wilks and Andrew Brown awilks@postandcourier.com abrown@postandcourier.com, Jul 31, 2020

     It has been three years since two of South Carolina’s largest electric utilities abandoned their $9 billion effort to build two nuclear reactors, but the legal, political and financial consequences continue to ripple across the Palmetto State.

The scuttled V.C. Summer expansion in Fairfield County is now widely considered one of the biggest business failures in the state’s history. The announcement of the project’s cancellation on July 31, 2017, shook South Carolina’s power industry, state government and business community.

The two homegrown S.C. utilities that partnered on the project were thrown into disarray. Investigations were initiated by state lawmakers, financial regulators and federal law enforcement officials.

The state and federal court systems were flooded overnight with lawsuits by investors, ratepayers, construction workers and lenders. The state regulatory system that backed the project for nearly a decade was called into question.

And more than 1.7 million utility customers with S.C. Electric & Gas, Santee Cooper and the state’s 19 local electric cooperatives realized they might be forced to pay billions of dollars more for a power plant that will never produce a watt of electricity.

Much has changed since Santee Cooper and SCE&G’s leaders suddenly announced the project’s collapse. But the saga isn’t over quite yet. Here is a breakdown of where things stand.  Continue reading

August 1, 2020 Posted by | business and costs, legal, secrets,lies and civil liberties, USA | 1 Comment

Electricite de France fined for lying about Hinkley nuclear project, faces costs and delays due to pandemic

Bloomberg 30th July 2020, Electricite de France SA was fined 5 million euros ($6 million) by
France’s markets regulator for providing false information on the Hinkley
Point C nuclear project. EDF and former Chief Executive Officer Henri
Proglio, who was fined 50,000 euros, failed to properly disclose new
circumstances concerning the U.K. project’s financing, the Autorité des
Marchés Financiers said in a statement on Thursday.
In October 2013, EDF
announced it would build the U.K.’s first nuclear reactors since 1995
after reaching a deal with the government on guaranteed prices for the
power they’d generate. The energy firm also said the project would
benefit from a British credit guarantee on conditions that were yet-to-be
agreed. EDF and Proglio should have specified in a statement a year later
that there had been significant changes on the guarantees, the AMF said.
EDF and its current CEO Jean-Bernard Levy were cleared of a second
accusation brought forward by AMF investigators. The AMF’s enforcement
committee assesses civil market-abuse cases ranging from insider trading to
publishing misleading information.
Electricite de France SA said it’s
facing delays at the Hinkley Point C nuclear plant as the coronavirus
pandemic hampered work on-site and hit supply chains. The largest and most
advanced infrastructure project in the U.K. will miss three key milestones
this year, one of them critical — risking the 2025 completion deadline.
EDF plans to make up time by the end of 2021 but the threat of a second
wave of coronavirus and lockdowns could cause more long-term set-backs.
“We’ve absorbed a lot of factory delays but we had some margin in our
program to do so,” Hinkley Point C’s managing director Stuart Crooks
said in an interview on-site in the southwest of England. EDF still expects
Hinkley to be finished on time.
The French utility is working on the
assumption that the virus peters out by the end of the year so supply
chains and work at Hinkley can return to normal. There are about 4,500
staff currently on the site that covers an area equal to 245 soccer fields.
Initial plans were to ramp-up the number of workers to around 6,000 but
that depends how long social distancing rules stay in place.

https://www.bloomberg.com/news/articles/2020-07-30/edf-fined-6-million-in-market-abuse-case-over-nuclear-project

August 1, 2020 Posted by | France, Legal | Leave a comment

Legal case settled over nuclear plant Vogtle

JEA Settles Litigation Over Nuclear Plant Vogtle, WJCT News 89.9, By BILL BORTZFIELD • JUL 30, 2020  JEA has ended its attempt to get out of a deal it made to buy electricity from a Georgia nuclear power plant that has seen billions of dollars in cost overruns.

Thursday afternoon Jacksonville’s public utility announced it has settled litigation and all related claims with the Municipal Electric Authority of Georgia (MEAG Power) in its dispute over the Alvin W. Vogtle Electric Generating Plant, which is commonly referred to as Plant Vogtle.

In settling the case, JEA acknowledged the contract is “valid and enforceable.”…….

Earlier this week JEA’s board unanimously agreed to have JEA’s legal team attempt to reach a settlement….. https://news.wjct.org/post/jea-settles-litigation-over-nuclear-plant-vogtle

That followed a U.S. District judge’s June ruling against JEA in the lawsuit, saying the contract Jacksonville’s utility set up for the nuclear power plant is still valid.

August 1, 2020 Posted by | legal, USA | Leave a comment

Assange appears in court, as lawyers warn case may be delayed by new US indictment

July 30, 2020 Posted by | Legal, secrets,lies and civil liberties, UK | Leave a comment

Following the nuclear scandal An Ohio resident has filed a class action lawsuit against FirstEnergy

Ratepayer files class action suit against FirstEnergy amid nuclear plant bailout scandal   https://www.reuters.com/article/usa-energy-lawsuit/ratepayer-files-class-action-suit-against-firstenergy-amid-nuclear-plant-bailout-scandal-idUSL2N2F000N Sebastien Malo, 29 Jul 20,

An Ohio resident has filed a class action lawsuit against FirstEnergy Corp and one of its former subsidiaries, claiming that the electric utilities should pay damages for conspiring with the state’s former House speaker, who was federally charged with conspiring to bail out two of the subsidiary’s nuclear power plants in exchange for $60 million in bribes.

Jacob Smith filed a Racketeer Influenced and Corrupt Organizations Act civil lawsuit against FirstEnergy Corp and First Energy Service Company on Monday in U.S. District Court for the Southern District of Ohio, claiming that tens of thousands of customers were like him wrongly charged on their electricity bills to subsidize the survival of the failing power plant under a law championed by the disgraced politician.

July 30, 2020 Posted by | legal, USA | Leave a comment

Investigation into several Ohio nuclear bailout bills

July 28, 2020 Posted by | legal, secrets,lies and civil liberties, USA | Leave a comment

Guilty plea by former SCANA executive – who will be a valuable witness to prosecutors in South Carolina nuclear scandal

July 25, 2020 Posted by | legal, secrets,lies and civil liberties, USA | Leave a comment

SEPTEMBER 3 & 4 – NEW SENTENCING DATES FOR KINGS BAY PLOWSHARES 7

SEPTEMBER 3 & 4 – NEW SENTENCING DATES FOR KINGS BAY PLOWSHARES 7

The remaining six Kings Bay Plowshares 7 defendants were granted a continuance for sentencing by Judge Lisa Godbey Wood of the Southern District Federal court of Georgia in Brunswick from the end of July until September 3rd and 4th. Due to spikes in COVID-19 cases in GA and ensuing travel restrictions the anti-nuclear activists had asked the court to further postpone sentencing to accommodate their right to be sentenced in person in open court, not by video, witnessed safely by family, supporters and the press.

The new sentencing dates and times are September 3rd: Carmen Trotta at 9 am, Fr. Steve Kelly at 1 pm, Clare Grady at 4 pm. On September 4 will be Mark Colville at 9 am, Patrick O’Neill at 1 pm, Martha Hennessy (granddaughter of Dorothy Day who co-founded the Catholic Worker movement) at 4 pm. It is possible that there will be further delays depending on the course of the virus over the next month. We will try to keep you updated as we find out more as that time approaches.

The defendants had asked for home confinement during this time of COVID-19, as entering prison, especially for those over 60 years of age with health issues, could be a death sentence. Their request was opposed by the prosecution and the probation department which argued the charges involved a threat to human life (their own) by entering a restricted zone on the base where lethal force is authorized. This would raise the level of the offense and make them ineligible for home confinement. Judge Wood upheld this interpretation in the first sentencing of Elizabeth McAlister on June 8. At 80 years-old, the eldest of the KBP7 defendants and widow of Phil Berrigan, she was sentenced by video conferencing while at her home in Connecticut. Liz had served over 17 months before trial. The judge agreed with the US attorney’s request for a sentence of time served plus 3 years supervised probation and restitution at $25 monthly (of $33,000 owed by all 7 jointly).

We are still urging people to write to Judge Wood not so much to ask for leniency but for justice and not a death sentence. Details are on the website: https://kingsbayplowshares7.org/2020/05/letters-to-judge-wood/

July 25, 2020 Posted by | Legal, USA | Leave a comment

Settlement for ratepayers over failed VC Summer nuclear project

July 21, 2020 Posted by | legal, USA | Leave a comment

Kentucky man indicted after illegally dumping nuclear waste at landfill.

Kentucky man indicted after illegally dumping nuclear waste at landfill, officials say, Courier Journal, 
Associated Press  19 Jul 29,
LEXINGTON, Ky. (AP) — A federal grand jury has indicted a Kentucky man with illegally dumping low-level nuclear waste at an Estill County landfill.The Lexington Herald-Leader reports that Cory David Hoskins was indicted Thursday on multiple charges earlier this week, including violating safety regulations and mail fraud due to checks as part of the alleged crimes.

In 2016, Hoskins and his company TENORM were each fined $2.65 million by the Kentucky Cabinet for Health and Family Services after officials said Advanced TENORM was responsible for dumping of out-of-state radioactive waste in landfills in Estill and Greenup counties.

Officials say the waste was a byproduct of fracking and had been transported from Ohio, West Virginia and Pennsylvania in 2015…….. https://www.courier-journal.com/story/news/crime/2020/07/18/kentucky-man-indicted-illegally-dumping-nuclear-waste-landfill/5465037002/

July 20, 2020 Posted by | Legal, USA | Leave a comment

Julian Assange’s father calls on Australia’s Prime Minister Scott Morrison to help this Australian citizen

Assange’s father calls extradition process ‘disgrace’  https://telanganatoday.com/assanges-father-calls-extradition-process-disgrace?fbclid=IwAR1a7bQ0W_Xcgc9EIeGaAHVP7Zmm2cM6nNV65ZXtkhCwNUlarqIYTJVw6xo1 July 20, The 80-year-old is organizing public events in Australia despite the ongoing coronavirus pandemic and hopes to travel to London in August to support Assange during his extradition trial.  

Sydney: WikiLeaks founder Julian Assange’s father, John Shipton, is fighting tirelessly for the release and return of his son, who is facing an extradition trial in London for publishing classified information, a process he described as abuse.

“We maintain that the extradition request is a fraud in the English court… It’s a fraud in the English legal system, it’s a case of abuse of process, it is a disgrace,” Shipton, who travelled from Melbourne to Sydney to campaign for his son’s release, told Efe news in an interview.
The 80-year-old is organizing public events in Australia despite the ongoing coronavirus pandemic and hopes to travel to London in August to support Assange during his extradition trial which, he says, is being carried out under “dire” circumstances.

In May 2019, the UN Special Rapporteur on Torture, Nils Melzer, said, after visiting Assange in the Belmarsh prison along with two medical experts, that he showed “all symptoms typical for prolonged exposure to psychological torture, including extreme stress, chronic anxiety and intense psychological trauma”.

Assange has spent almost a decade in confinement, first under house arrest in a British town and then at the Ecuadorian embassy in London between 2012 until 2019, when Ecuador withdrew his political asylum status.

Shipton has urged the Australian government to mediate with the UK administration for the release of his son, who is wanted in the US on 18 charges of espionage and computer intrusion, for which he could be sentenced to prison for up to 175 years.

“I believe the government can, if it wishes to, assist us in bringing Julian home. I believe that (it) is very simple for the Prime Minister (Scott Morrison) to pick up the phone and ring (his UK counterpart) Boris Johnson and say Julian Assange is an Australian citizen in dire circumstances.

“This will resolve this immediately and that’s easily possible,” he told Efe news during the interview.

July 2, 2020 Posted by | AUSTRALIA, civil liberties, legal, politics international, UK | Leave a comment

Temporary Injunction Slows Holtec’s Work at Closed Nuclear Plant

Temporary Injunction Slows Holtec’s Work at Closed Nuclear Plant, By STEPHANIE A. FAUGHNAN, June 29, 2020 LACEY, NJ – Holtec’s decommissioning work of the former Oyster Creek Nuclear Plant has slowed down since the beginning of this month in compliance with a court-ordered mandate. Ocean County Superior Court Judge Francis R. Hodgson, Jr.’s imposition of temporary restraints on Holtec, puts a temporary hold on work – other than that permitted by the Nuclear Regulatory Commission.

Attorneys for the Township of Lacey filed the court application requesting judicial intervention, citing what it calls Holtec’s refusal to obtain necessary permits or approvals from the municipality.

The Verified Complaint filed by Jerry J. Dasti, of Dasti, Murphy. McGucklin, Ulaky, Koutsouris & Murphy incorporated a letter the firm sent to Holtec’s legal counsel.  An excerpt accuses Holtec of already initiating the process of “building structures into the ground, by excavating a substantial area, which presumably will thereafter house the spent fuel rods.”…….

LACEY, NJ – Holtec’s decommissioning work of the former Oyster Creek Nuclear Plant has slowed down since the beginning of this month in compliance with a court-ordered mandate. Ocean County Superior Court Judge Francis R. Hodgson, Jr.’s imposition of temporary restraints on Holtec, puts a temporary hold on work – other than that permitted by the Nuclear Regulatory Commission.

Attorneys for the Township of Lacey filed the court application requesting judicial intervention, citing what it calls Holtec’s refusal to obtain necessary permits or approvals from the municipality.

The Verified Complaint filed by Jerry J. Dasti, of Dasti, Murphy. McGucklin, Ulaky, Koutsouris & Murphy incorporated a letter the firm sent to Holtec’s legal counsel.  An excerpt accuses Holtec of already initiating the process of “building structures into the ground, by excavating a substantial area, which presumably will thereafter house the spent fuel rods.”…….. https://www.tapinto.net/towns/barnegat-slash-waretown/sections/government/articles/temporary-injunction-slows-holtec-s-work-at-closed-nuclear-plant

July 2, 2020 Posted by | legal, USA | Leave a comment

USA adds a new indictment to its charges against Julian Assange

WikiLeaks founder Assange faces new indictment in US, By ERIC TUCKER, 29 June 20,  WASHINGTON (AP) — WikiLeaks founder Julian Assange sought to recruit hackers at conferences in Europe and Asia who could provide his anti-secrecy website with classified information, and conspired with members of hacking organizations, according to a new Justice Department indictment announced Wednesday.

The superseding indictment does not contain additional charges beyond the 18 counts the Justice Department unsealed last year. But prosecutors say it underscores Assange’s efforts to procure and release classified information, allegations that form the basis of criminal charges he already faces.

Beyond recruiting hackers at conferences, the indictment accuses Assange of conspiring with members of hacking groups known as LulzSec and Anonymous. He also worked with a 17-year-old hacker who gave him information stolen from a bank and directed the teenager to steal additional material, including audio recordings of high-ranking government officials, prosecutors say.

Assange’s lawyer, Barry Pollack, said in a statement that “the government’s relentless pursuit of Julian Assange poses a grave threat to journalists everywhere and to the public’s right to know.”

“While today’s superseding indictment is yet another chapter in the U.S. Government’s effort to persuade the public that its pursuit of Julian Assange is based on something other than his publication of newsworthy truthful information,” he added, “the indictment continues to charge him with violating the Espionage Act based on WikiLeaks publications exposing war crimes committed by the U.S. Government.”

Assange was arrested last year after being evicted from the Ecuadorian Embassy in London, where he had sought refuge to avoid being sent to Sweden over allegations of rape and sexual assault, and is at the center of an extradition tussle over whether he should be sent to the United States.

The Justice Department has already charged him with conspiring with former U.S. Army intelligence analyst Chelsea Manning in one of the largest compromises of classified information in U.S. history by working together to crack a password to a government computer.

Prosecutors say the WikiLeaks founder damaged national security by publishing hundreds of thousands of classified documents, including diplomatic cables and military files on the wars in Iraq and Afghanistan, that harmed the U.S. and its allies and aided its adversaries.

Assange maintains he was acting as a journalist entitled to First Amendment protection. His lawyers have argued the U.S. charges of espionage and computer misuse were politically motivated and an abuse of power.

Assange generated substantial attention during the 2016 presidential election, and in investigations that followed, after WikiLeaks published stolen Democratic emails that U.S. authorities say were hacked by Russian military intelligence officials. An investigation by special counsel Robert Mueller revealed how Trump campaign associates eagerly anticipated the email disclosures. One Trump ally, Roger Stone, was found guilty last year of lying about his efforts to gain inside information about the emails. Assange, however, was never charged in Mueller’s Russia investigation.

The allegations in the new indictment center on conferences, in locations including the Netherlands and Malaysia in 2009, at which prosecutors say he and a WikiLeaks associate sought to recruit hackers who could locate classified information, including material on a “Most Wanted Leaks” list posted on WikiLeaks’ website.

According to the new indictment, he told would-be recruits that unless they were a member of the U.S. military, they faced no legal liability for stealing classified information and giving it to WikiLeaks “because ‘TOP SECRET’ meant nothing as a matter of law.”

At one conference in Malaysia, called the “Hack in the Box Security Conference,” Assange told the audience, “I was a famous teenage hacker in Australia, and I’ve been reading generals’ emails since I was 17.”

June 29, 2020 Posted by | legal, secrets,lies and civil liberties, USA | Leave a comment