Legal counsel for Susquehanna Nuclear LCC has filed an opposition brief affirming their denial of access to sensitive, unclassified, non-safeguard information.
Last month, Sabatini Monatesti, of Berwick, had sent a letter to the Nuclear Regulatory Commission requesting access to the information. An Oct. 4 notice in the Federal Register allowed individuals to apply to have a hearing and request access to documents on an application for the plants license to be transfered from Talen Energy to Riverstone Holdings.
Monatesti’s letter expressed concern about fuel storage expansion plans, Talen’s past safety record, outstanding health and safety issues, continued downturn in energy prices and Talen’s loss of $341 million in 2015.
Legal counsel for Susquehanna Nuclear stated that Monatesti failed to “establish a legitimate need for the SUNSI” as well as failed to properly submit a hearing request, rendering the SUNSI release moot.
“I believe besides denial of due process, impact on life, liberty and pursuit of happiness provisions, the actions of the NRC and Talen-Riverstone may have violated the citizen’s civil rights,” said Monatesti in an email to the Times Leader.
Montesti argued that Talen’s loss of $341 million in 2015 combined with a continued downturn in energy prices would result in failure for the plant.
According to the brief, the application by Riverstone and Talen was submitted to the NRC with a five-year (2017-2021) projected income statement, which would keep Susquehanna Nuclear technically and financially qualified. The board found that Talen’s 2015 net loss, which Montesti referenced in his filing, was the “result of non-cash goodwill and other asset impairment charges, and a one-time charge for he retirement of certain debt securities.”
The income statements for both Talen and Riverstone are confidential.
The brief also claims Montesti’s petition was not submitted correctly.
On Oct. 4, 2016, the Federal Register published a notice of opportunity for hearing, and advised potential participants on how to contact the NRC as well as the deadline for registering — Oct. 14.
Montesti, the brief claims, submitted a letter not through the proper E-filing system but through the manner of intent to submit.
After several communications by Montesti and the NRC during the month of October, on Nov. 1, 2016, the Atomic Safety and Licensing Board issued an order permitting Talen and Riverstone to respond to Montesti’s “unauthorized” filing.
The NRC staff found Montesti’s filing “not the proper forum” for the grievances Montesti claimed.
Reach Melanie Mizenko at 570-991-6116 or on Twitter @TL_MMizenko