Here is the supporting "brief" of 50 or so pages that gives the reasoning to why TVA is asking for immunity... I can only say that some of what TVA is stating in thier defense, is in my opinion is laughable at best....

CONSOLIDATED BRIEF IN SUPPORT OF TVA’S MOTIONS TO DISMISS: (link...)

and for what I really think: (link...)

WATE Story

3 diffrent homes on Swan

3 diffrent homes on Swan Pond Rd 4 on Swan Pond Circle tested postive this week for fly ash in their homes.

They are actually insane

Yep.. I think it is time to call the men with the white coats and go down to the TVA office. They have gone over the edge! It is very interesting that they think that they can sue the government and anyone else that they want, but they think that they cannot be sued??

That is why we have the greatest court system in the world. So that we can weed out the wackos from people with "real defenses".

It makes me think... Hmmm. If i thought that no one could sue me for whatever I do, I just might do whatever i want to do, because I am on a pedastool and I am above the law and I am immune from little people.... Hmmm.

Does this sound about right for their thinking? I think it does. They would have to think that way to be as negligent as they have, when they caused the spill. They apparently thought all along that they would not be found responsible. do you all see what I am getting at here?

I agree with DPA

However, in the short brief to the courts, TVA seems to sound like a private company. In the 50 page document they claim to be a government agency. It is hard to distinguish which one they are. When have you ever heard of a government agency having shareholders?

TVA has no shareholders,

and its board of directors may not be held liable for anything they do. TVA uses the governmental agency routine when dodging responsibility but acts like a corporation when it comes to making a profit and doling out bonuses. TVA management has the best of both worlds and virtually no oversight. The best thing for the public would be the privatization of TVA. Take a look at this article from 2008.
Kilgore's claim that a privatized TVA wouldn't be able to maintain lower rates than public utilities seems rather hollow now.

(link...)

Randy Martens for Kingston City Council
"Common Sense For Good Government"
(link...)

Lawsuit

So the people want to sue TVA. First of all, TVA can and will keep these lawsuits tied up in the system for so long that most of the plaintiffs won't even live long enough to see a benefit. Second, if they do win a huge settlement, who's going to pay for it? WE WILL. All of these cost will be passed on to the rate payers, and BTW, TVA isn't who "caused the spill", poor management and poor oversight caused the spill. TVA has provided good jobs, recreation, flood control and cheap electricity to this region for most of our life times. Keep it real.

Creek

drinking tva's Koolaid

Okay Creek, you are reacting just as tva planned. Oh poor me, my rates are going up.

Tva is responsible because of it's mgmt.are u saying if a drunk driver kills or harms someone that the driver is not responsible? If somoneone loans their vehicle to another person, the owner is responsible for any damages the borrower may incur. if u buy a product which has harmed u, the company is liable regardlkess how 'great' of an employer it is.

Keep in mind, tva wants the rate payers to react just the way u are. I must tell u, most of us were very satisfied with our lives prior to 12/22/08. Tva has ruined our environment and destroyed our neighborhoods.

Tva has reinsurance and not a word has been spoken at what level the reinsurance kicks in relieving tva of the direct cost at the risk reinsurance level.

Creek, u and all other doubting Thomas' should come buy a lovely piece of property in this now devasted area.

What if is were in your back yard or the entrance of your neighborhood? My guess is you would have been visiting legal cousel because tva would not be there to help you and your family.

Put the nice cherry Koolaid down and take a little excursion out to our neighborhood and breathe the air filled with heavy metals, swim in the slug filled rivers which were once 15 feet deep and at 4 feet deep due to coal ash.

Raise a family here and tell me you feel the same as the words you have written.

Koolaid taste really good when you have been tainted with the salt of tva's message.

Give me a break...get a tva tatoo, or look at this from a realistic perspective.

SM

drinking tva's Koolaid

Okay Creek, you are reacting just as tva planned. Oh poor me, my rates are going up.

Tva is responsible because of it's mgmt.are u saying if a drunk driver kills or harms someone that the driver is not responsible? If somoneone loans their vehicle to another person, the owner is responsible for any damages the borrower may incur. if u buy a product which has harmed u, the company is liable regardlkess how 'great' of an employer it is.

Keep in mind, tva wants the rate payers to react just the way u are. I must tell u, most of us were very satisfied with our lives prior to 12/22/08. Tva has ruined our environment and destroyed our neighborhoods.

Tva has reinsurance and not a word has been spoken at what level the reinsurance kicks in relieving tva of the direct cost over the risk reinsurance level.

Creek, u and all other doubting Thomas' should come buy a lovely piece of property in this now devasted area.

What if is were in your back yard or the entrance of your neighborhood? My guess is you would have been visiting legal cousel because tva would not be there to help you and your family.

Put the nice cherry Koolaid down and take a little excursion out to our neighborhood and breathe the air filled with heavy metals, swim in the slug filled rivers which were once 15 deep and at s feet deep due to coal ash.

Raise a family here and tell me you feel the same as the words you have written.

Koolaid taste really good when you have been tainted with the salt of tva's message.

Give me a break...get a tva tatoo, or look at this from a realistic perspective.

SM

Isn't it amazing

how some folks who don't live in Swan Pond can just discount the whole disaster into a little mud slide. They, just like the TVA would like everyone to just shut up and go on with their lives. Well, that's convenient for them isn't it. I guess the people in Swan Pond should just be sacrificial lambs for the rest of us in TVAs service area, right?

Guess what, I will happily pay the 5, 10, or even 50 dollars additional a month if that is what it takes to make these folks and the rest of us in Roane County whole again. Make no mistake, we will have to force them to do it.

Corporations respond to three things.

(1) Marketplace forces- they have a monopoly.
(2) Regulations, oh yeah, there weren't any (fly ash storage).
(3) The threat of, or legal action. Obviously the threat didn't weigh into their calculation on the front end substantially. That tells you something about the scale of the equation.

Electricity no matter how cheaply produced, is worth ever going through these disasters.

mac....

I could not have said it better myself. Thanks!

Fuss about TVA Rate Hike???

I wonder why no one fussed about any rate hikes in the past. We pay for all their bonuses, and credit card expenditures for X-boxes, and or whatever they fancied. We have always been paying for all this. Why fuss now? TVA was signed into existence by President Roosevelt and was to be separate from the government to collect their big bonuses. Collecting big bonuses keeps them under the control of the government. Under the government they can't collect the big bonuses. Remember the President picks the head of TVA.

Note that most of the banks who got bail out money are wanting to pay it back to the government. The reason for this is that they want their bonuses. Using the bail out money keeps them under the restriction of not getting bonuses. That is what the big wheels love. It is all about those million dollar bonuses. Money is the root of all evil.

The power of our government is not what we think it is. It started with the explanation of a documentary you can view on the History Channel called "Secret Societies". I ask all of you to watch this documentary which is airing at different times on the History Channes. The documentary reveals how Presidents George Bush, Senior and Junior, were members of the "Skull and Bones" Society. The Bushes were both prepared in college and put into the positions they held. The money and power control comes down through the government and even down to TVA. If the button from that power is pushed to the Judge over the TVA request for immunity, not one person can do anything about it.

The only being that we can all ask help from is God. How can we fight something that is too big for us. Just wait and see. If TVA has to pay the tort suits, I will be surprised. TVA is losing the respect of all the people. They are liers just like our government officials. Why would there be any difference? I do know that every person on this earth reaps what they sow.

Has PRECIOUS little to do with TVA...

But I DID watch the documentary. And it included WAY more than the Bushes. It includes Clinton, Reagan, Carter, and many, many more. It is not and was not a Republican or Democrat thing. That said, the program was heavy on fluff and conspiracy theory, very short on documentable fact. Good publicity and very little substance. No big deal.

RB

You are Wrong

I have studied the material in the documentary for 28 years and know it to be true. I know a lot more than you think. You are the one who does not know what you are talking about. Have you studied the material exposed in that documentary for the past 28 years? I also said that the Bushes were members of the "Skull and Bones". None of the ones that you mentioned were members of the "Skull and Bones". So you missed my comment. The others were members of the Trilaterial Society. Did I say it was a democratic or republican thing? No!! So there. And the article was about TVA. Your reply was no big deal.

The documentary...

... however was about more than Skull & Bones. The documentary essentially linked the Skull & Bones as a "smaller" player compared to the other 2 societies covered.

I never said YOU said it was a Democrat or Republican thing, person. Read what I wrote again. I said it was not a Republican or Democrat thing. I did note, however, that all you mentioned were the Bushes in connection with this whole conlomeration (as covered in the documentary) of dark cconspirators. Hence it stood to reason that someone woh didn't know any better COULD infer from your writing that it WAS a partisan thing. That's all - I merely clarified that it was not. Nothing to get upset about.

Certainly the documentary aired on the History Channel had nothing to do with TVA.

I'm not sure just what it is you're so upset about.

RB

The quote is not that

The quote is not that "money" is the root of all evil"
It's.... The LOVE of money that is the root of all evil.

OK, Let's Do Some Research...

What I have found so far is this. One company is called TVA Fire, Life, and Safety. They sell insurance to other companies. Their HIGH Protected Risk staff was trained by the "big three" insurance companies. They even sell flood insurance. So this is a company hiding behind government status.
TVA will lose initially, approximately 2 million dollars for the so-called clean up. The rest will be reimbursed to them. Then they will raise rates and blame their "loss" on the "money grabbers" of Roane County. Does anyone see something wrong with this picture? TVA will make millions on a disaster that was their fault.
There are some who post on here that defend TVA. I respect their comments. But, I respectfully disagree with them. TVA is not cleaning this up. They are tidying it up. They brought in tons of rock to put on top of coal ash where the water should be 30 feet deep. Then they spray it with anything green that will cover the metals. There are two coves that were wonderful fishing spots that will now look like fields.
Someone posted about recreation that TVA provides. Well, ask those that once had beautiful lakefront property about their recreation. Hundreds of people will not have any recreation now.
TVA is seeking immunity from any lawsuits. If this happens, even more people will be effected because of devalued peoperty. Oh, and the Long Term Planning Commission will not get a dime. TVA can give them the finger and say "sue me".
Things might look good on the surface. What was the saying during the Presidential campaign...You can put lipstick on a pig, but it's still ...?
I do my homework. I know much of what is going on. TVA is aware of it too. Recently, after a Long Term Planning Commission meeting, I was in the hall of the courtroom talking with some TVA officials. They offered a member of the commission a tour of the facility. I asked when I would be offered a tour. The woman said "We don't want to give you any more ammunition".
So let's review.
TVA will end up making millions off of a disaster that was their fault.
They refuse to pay for medical screenings that some people really need.
They will not help the ones still trapped in that mess relocate so they can have a life.
They will never clean up this sh...I mean coal ash.
They have increased the pollution in our waters.
They have severly damaged our economy, since it depends a lot on our lakes and rivers in the spring and summer.
Did, I mention they will make money off of this. Oh, yeah I did. Sorry.
They have destroyed lives and dreams of many families.
And they have lied to us all. They promised to make things as good or even better than before. When do they plan to make us "Whole again"?
I guess I have said enough. But, I do my homework. I know what's going on.

Thanks

Thank you Rick, you have summed up my understanding of this mess very nicely. I hope our fellow citizens will not continue to buy TVA's "party line", because it's all about them, and not about the folks who life in this area at all. And yes (to critics,) I know that there are TVA executives and retirees who live in the area, but do you think TVA will let them go wanting? do you think the people who depend on TVA will do anything to threaten their income or their retirement packages? I think not. In the meantime, TVA continues to pursue a policy of "wear them down and they'll go away." I have news for them: some of us are not able, financially, to go away, or we would move our families to a safer area. We would not, however, cease to seek recompense for the injuries TVA has done us and our neighbors. And that's what we're seeking, recompense, not wealth, not a gift--simply the ability to heal our families' lives.

I really wish people would stop whining about power bills and try to put themselves into our shoes. Imagine what your life might be like if your property, which you depended on for your retirement, had lost all value, but you still had to pay taxes on it. Imagine what your life would be like if you needed to move, in order to seek employment, but you couldn't because you now were unable to sell your house -at any price-. Imagine not being able to let your children go out to play because you are concerned for their health, both now and in the future. Imagine your own health being affected negatively, and that other people around you talk about you as if you have imagined the whole thing. Oh yes, and imagine that your power bills go up, too, as a result of TVA's lack of responsible management, so you get to pay for the damages TVA has done -to you-. If that's not ironic, I don't know what is.

Peggy Blanchard
Swan Pond resident

pass the Blue Plastic Cups

Pass around those blue plastic cups so everyone can drink TVA's koolaid....

TVA Koolaid

I personally prefer a glass of Merlot. I never intended to make light of the disaster and the impact it has had and will continue to have on the people in the immediate community. My point only was to say that bringing a high profile lawyer down from up north to file hundreds of lawsuits is not the best way to help the people who are truly affected. People are filing lawsuits that live no where near the spill site. And yes, I don't live in the immediate area but hardly consider the disaster a "little mudslide". I grew up in the area, my parents live right across the river from the steam plant penninsula, I learned to water ski just up stream from the spill site. I took my grand kids to the sand bar during the week to swim when the partying crew wasn't there and had a few beers there on weekends when they were. I don't think anybody should just go away. Clogging up the courts with countless lawsuits isn't going to solve the problem. TVA's bad management and lack of self oversight may be the problem but come on, they didn't do it on purpose. I think they'll clean it up the best they can. Remember where that heat comes from when you turn up that thermostat tonight.

Creek

Creek risen

My Kool-Aid quip was just that an attempt to lighten the mood. There was no hidden message (other than the intended kick at gulpin' County-Commissioner, Chairman-Mayor Beets).

Other than trying to get the Kingston City council to cut the puppet strings twitched and tugged by Beets' and to act as if we had a spine, I'm staying clear of the TVA debate.

At this point I will be satisfied to get council to see that allowing County-Commissioner, Chairman-Mayor Beets to work his magic in the County Executives' Long Term Recovery Committee may not be in Kingston's long or even short-term best interests.

Again, I say that the question is not whether what is good for Roane County is good for Kingston, but rather is what is good for Roane County BEST for Kingston?

Kingston deserves a mayor with un-divided loyalties.

All property in and downriver or downwind of Roane County

Property didn't have to be close to Swan Pond to go down in value. We are all affected. Probably lakeshore property owners in Rhea County are affected too.

And all of Knoxville and more are downwind of all the ash.

Talking about this being only a local Swan Pond disaster is being needlessly divisive. The victims are far-flung.

-- OneTahiti

Randmart

I have to disagree with you when you say that TVA has no shareholders. Even you can be a shareholder if you go to any of the following financial institutions to buy shares:

Barclays Capital

Charles Schwab & Co. Inc.

Edward Jones

E-Trade Financial

Hilliard Lyons Inc.

Merrill Lynch

Morgan Stanley

Smith Barney (Citi)

TD Ameritrade

UBS

Wachovia Securities

Wells Fargo

For $1000 dollars, you can buy shares. And if you have $100,000 to invest (or throw away) you can go long term with them. No, you cannot approach TVA and get these shares. But they do trade on the NYC stock exchange under TVA or TVE.
Oh, and if you look at those investment companies, how many were recently bailed out?

TVA stock...yes, but not exactly

Thanks WC

That link gives me many more places to study. There may be some great information in the pages.

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