The real estate developer who has tried for more than two years to buy the assets of the canceled Bellefonte nuclear power plant project in Alabama has sued the Tennessee Valley Authority (TVA) after TVA last week pulled out of the deal to sell the plant.

Attorneys for Franklin Haney, whose Nuclear Development LLC (NDLLC) group submitted a winning $ 111 million offer for the plant’s assets at auction in November 2016, filed a lawsuit November 30 in U.S. District Court for the Northern District of Alabama in Huntsville, charging TVA with breach of contract.

TVA said the sale could not be finalized because the U.S. Nuclear Regulatory Commission (NRC) has not approved a transfer of the project’s construction permits from TVA to Bellefonte. Haney is asking for more than $ 60 million in damages if NDLLC’s purchase does not close.

“The Atomic Energy Act requires that the ownership of a nuclear facility be under the licensing of the Nuclear Regulatory Commission and that (license transfer) is required for us to complete the purchase agreement,” TVA spokesman Jim Hopson said in a statement Friday, the day the sale was supposed to close.…

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