Brayton Point LLC asking for charges to be dismissed in criminal case with Town of Somerset

Brayton Point LLC, the company that owns the site of the former Brayton Point Power Plant in Somerset, was back in Fall River District Court this morning.

The town of Somerset filed criminal charges against the St. Louis, MO company in January for failure to pay over 3 million in fines after the town Zoning Board issued a cease and desist order to stop trucks of scrap metal from being shipped into the site through a residential neighborhood.

Brayton Point LLC, which has previously stated that the fines are considerably less, filed a motion today to have the charges dismissed. Judge Kevin Finnerty issued a March 14th court date to hear arguments on the motion.

Attorney Arthur Frank, one of the attorneys representing the town in the matter, told Fall River Reporter that they have filed a letter of opposition to the motion to dismiss.

After the hearing, Frank shared with Somerset Health agent Tim Turner, who was present for the hearing, that attorneys for Brayton Point LLC have requested copies of of Board of Selectman meeting minutes, including executive session minutes, relating to the discussion of fees. Frank briefly elaborated that he was unsure they were able to have access to those executive session minutes.

Today’s hearing is just the latest in the saga surrounding the site of the former power plant. Last week, a group of residents filed a last minute appeal of the air quality permit that was issued to Prysmian, the company that is slated to begin breaking ground on a wind energy cable manufacturing plant later this year. The filing could delay the plan for months or even years.