TVA Statement on Court filing
To Request Dismissal of Tort Claims Related to the Kingston Ash Spil
April 17, 2009

TVA requested today that the Federal District court in Knoxville dismiss all tort claims filed against it related to the ash spill at Kingston Fossil Plan.

Update: PDF file attached

TVA has just issued this statement based on their Federal Filing.

AttachmentSize
CourtFilingtoRequestDismissalofClaimsFINAL4-17-09.pdf65.27 KB
Topics:

Executive Director Tennessee

Executive Director
Tennessee Clean Water Network
(link...)

posted....

from the filing:

TVA Statement on Court Filing
To Request Dismissal of Tort Claims Related to the Kingston Ash Spill
April 17, 2009

TVA requested today that the Federal District Court in Knoxville dismiss all tort claims filed against it related to the ash spill at Kingston Fossil Plant.

TVA is making meaningful progress to restore conditions near the Kingston site. We are working as quickly and safely as possible to do this while maintaining public health and safety.

However, some area residents, and even some people well outside Roane County, have determined that legal action is how they should deal with TVA and the Kingston ash spill.

In that vein, TVA must defend itself against the many lawsuits that have been filed by numerous law firms seeking millions of dollars for multiple plaintiffs, including some people who live dozens of miles from the site.

At this point, TVA has a two-fold responsibility.

First, we must continue to clean up the spill, recover the ash both from property and from the Emory River, and ultimately restore the area. We are working hard and making great progress on that front:

• TVA has purchased more than 70 properties affected by the spill for a total cost of $20 million. TVA is working to resolve other property claims.
• Ongoing, state-of-the-art monitoring of air and water samples help TVA, the U.S. Environmental Protection Agency, and the Tennessee Department of Environment & Conservation ensure that the area residents are not at risk from the spill or spill-recovery efforts. To date, TVA, in cooperation with TDEC, the Tennessee Department of Health, and EPA, has tested more than 34,000 samples of air and water in the area. Test results continue to show that air and water are within government standards. The Tennessee Department of Health has stated that all water-testing results show that "public and private drinking water is safe" and that "particulate sampling to date indicate that the air quality meets national ambient air
quality standards."
• Dredging operations to recover ash from the Emory River channel began in mid-March with approval and oversight by TDEC and EPA.
• TVA is finalizing an arrangement with Oak Ridge Associated Universities to provide an independent, qualified resource to help those who live near the spill area address any health-related concerns or questions.

Second, we also have a responsibility to be good financial stewards for the 9 million ratepayers of the Tennessee Valley. This is an important balance to maintain. Today's court action helps to strike that important balance. TVA must defend itself against the multiple lawsuits that seek millions of dollars for multiple plaintiffs, including some who
clearly live many miles from the plant site. TVA will protect the ratepayers’ interests.

I just posted it on our

I just posted it on our website too. (link...) Top article.
We all knew this was coming...still it's very disappointing.

Renee
Executive Director
Tennessee Clean Water Network
(link...)

VERY DISAPPOINTING

I don't see how it would affect clean up efforts, it has to be cleaned up no matter what. The cost is huge without the suits and the people of the Tennessee valley will get the bill. I think that part of cost could be offset by reducing executive's pay. Kilgore made over $3,000,000 last year, I don't think he is worth that much considering the number and extent of recent disasters. Justice only works if someone is held accountable for their actions. Thankfully no one was hurt during the initial slide but what about the people hurt by its aftermath. TVA has admitted responsibility so they should step up and do what is right.

How Pathetic

Personally, I think thst their reasoning is pathetic. To start with, since they are throwing out numbers, how many people that have doctors notes and are sick have they abandoned.. That goes all against good faith and it also shows that they are inaccurate in their statement. For this statement to be effective, it would have to show good faith beyond doubt. I have paperwork that disputes their claim as does many other area residents. As I said earlier, their statement is pathetic and i do believe will not stand in a court of law.

I tried to deal with the TVA

I tried to deal with the TVA through the outreach center to get answers. They said they were helping 40-60 families a week and it would take 2 weeks for them to get back with me. 3 weeks later I got a letter in the mail saying it was taking longer than expected. I didn't get a lawer until 2 weeks later (they don't communicate to well either).
It is sad that our goverment pays billions to countries after spending billions to free them and can't help our own communities. I don't think the people of our community shoud pay for TVA's incompetence. Health was/is the major concern for most but not the only grievences against TVA.

It was expected

TVA's request was expected. It came as no surprise to me. However, with more information coming out every day, they won't get what they are asking, in my opinion. I do agree that there are some law suits that are not valid. But, the courts will sift those out.
Please, do not forget. There are those who are still sick and forgotten. After today's news, TVA had a meeting of just about every department they have. We all know that they will counter the news. That's expected too. We need to stand together on this, now more than ever.
Do not forget the "dawg and bun" cookout tomorrow from 5-7 at Roane County Park; pavillion 1. Come out and meet your neighbors and if you want, learn how to monitor the air we breathe. But, just come and have a good time too.

Did you know?

At yesterday's cookout, we were discussing the cost of cleaning up the disaster. Someone mention that TVA has insurance just for this situation. It was information I had not even thought about. But, after researching it, it was true. If TVA decided to use that policy here, they would be out two million dollars. The poilicy cost is one million. The deductable is one million. Then the insurance kicks in.
TVA also talks about the cost going to the rate payer. There are approximately 900 million rate payers on the TVA grid. If everyone's rates went up only 2 dollars, that's 1.8 billion dollars TVA could use even without tapping into their insurance protection.
However, they have decided to launce a negative PR campaign against Kingston and Roane County in 5 states. According to sources, they will blame the high increases on utility bills because of the "money grabbers and whiners in Kingston, Roane County Tennessee".
Of course it's our fault that the dam erupted and forced 1.1 billion gallons of coal ash into our rivers. Can you imagine the force it took to push that much coal ash three miles up the Emory River in a manner of seconds?
OK TVA. Use your insurance. What are you saving it for? Or, raise my monthly rate two dollars. Either way, you have the money to clean it up right and not just cover it up.
Some say it looks real good out there now. But there are coves that used to have water, that now will be fields of coal ash, covered with grass.
What happened to "We will make it just as good, or better than it ever was"? Sorry Mr. Kilgore. The way you are doing it, "just as good" doesn't even come close.

Your idea is right but the

Your idea is right but the numbers are wrong. I haven't found an exact number but TVA has somewhere around 8 million ratepayers, depending on how you figure it. The cleanup will cost each one a few bucks a month for several years however you figure it. Adequately compensating those who have been harmed by TVA's actions will be a few cents of that amount.

TVA ratepayers have been getting underpriced power for decades at the cost of people's health and thousands of lives ended early due to lax pollution controls. The bill has come due and TVA doesn't want to make good on what it owes.

Thanks WC

Thanks for the correction. I went over my notes and the fugure I had was only 9 million; not 900. The post should have read 9 million paying 2 dollars extra for 10 years. It was a long night trying to do research. And, I had a lot of notes to go through. Guess I need a break. Sorry guys.

Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.

Eco warriors and politics

Science and stuff

Lost Medicaid Funding

To date, the failure to expand Medicaid / TennCare has cost the State of Tennessee ? in lost federal funding.