WEST PALM BEACH, Fla. (Legal Newsline) – Energy companies allege a nuclear industry trade association breached their agreement by excluding them from the use of a database needed to screen workers at commercial nuclear power plants.
Florida Power & Light Co.; NextEra Energy Duane Arnold LLC; NextEra Energy Point Beach LLC; and NextEra Energy Seabrook LLC filed a complaint on Feb. 2 in the U.S. District Court for the Southern District of Florida West Palm Beach Division against Nuclear Energy Institute Inc. alleging breach of contract and other counts.
According to the complaint, the plaintiffs allege that between 2017 and 2018, they remitted to defendant their annual fees pursuant to the agreement to ensure access to Personnel Access Data System (PADS) for their nuclear facilities. The suit states the agreement grants the plaintiffs rights to PADS regardless whether they are members of the Nuclear Energy Institute or not.
The suit states in January, the defendant notified the plaintiffs that it was terminating their rights to PADS effective Feb. 4 unless the plaintiffs rejoined the Nuclear Energy Institute and paid a membership fee.
The plaintiffs holds Nuclear Energy Institute Inc. responsible because the defendant allegedly revoked access to PADS without the requisite notice and with the full knowledge of the harm it would cause on the plaintiffs' business relationships with their workers.
The plaintiffs request a trial by jury and seek award of monetary damages, costs and disbursements and for such other and further relief as the court may deem just and proper. They are represented by Joseph Ianno Jr. of Carlton Fields Jorden Burt PA in West Palm Beach, Florida.
U.S. District Court for the Southern District of Florida, West Palm Beach Division case number 9:18-cv-80118-DMM