Fri
Feb 27 2009
10:08 am
TVA may seek immunity in Kingston ash spill disaster?
By: R. Neal

WATE:

An attorney representing TVA said Thursday afternoon in court that they might file a discretionary immunity motion which means that the utility because they are a government entity might not have to pay restitutions to the affected residents.

TVA wants to be a corporation when it's convenient (like when it's time to hand out big bonuses) and a government agency when it's not so convenient (like when they're getting sued).

Topics:
local_yokel's picture

Hard to be immune

Submitted by local_yokel on Fri, 2009/02/27 - 10:25am.

Hard to be immune when you are unquestioningly the responsible party.

Probably just 1 or 2 of those big bonuses would pay for most of the damage.

WhitesCreek's picture

WhitesCreek to TVA Board..."Resign now!"

Submitted by WhitesCreek on Fri, 2009/02/27 - 10:52am.

I am now officially PISSED!

Anonymously Nine's picture

But you trusted them...

Submitted by Anonymously Nine (not verified) on Fri, 2009/02/27 - 11:36am.

I am now officially PISSED!

TVA pwned you pretty hard.

The Lurker's picture

I understand you live in a

Submitted by The Lurker (not verified) on Fri, 2009/02/27 - 8:33pm.

I understand you live in a pig farm now!

sugarfatpie's picture

If TVA does this, it will be the end of its governmental status

Submitted by sugarfatpie on Fri, 2009/02/27 - 11:23am.

And quite possibly the end of TVA.

I mean come on, their image is already in the toilet. Are they really this dumb?

-Sugarfatpie (AKA Alex Pulsipher)

"X-Rays are a hoax."-Lord Kelvin

knoxrebel's picture

TVA tried this in NC & it failed

Submitted by knoxrebel on Fri, 2009/02/27 - 11:47am.

Guys, TVA pulled this in the State of North Carolina's nuisance lawsuit against it over in Asheville. In that case, NC argued that TVA's coal-fired plants in TN, AL, & KY emit pollutants which travel through the atmosphere into NC. Early on in that case, TVA moved to dismiss for this same reason - the discretionary function doctrine - among others. The district court denied the motion, TVA appealed to the 4th Circuit, the 4th Circuit affirmed the district court, TVA then asked for an en banc (full court) re-hearing, and the 4th Circuit denied that as well. Finally, the case was tried in July '08. The district court entered an order in January granting NC's request for injunctive relief, forcing TVA to spend up to $1.8 billion to comply with the order. BTW, this includes the Kingston, John Sevier, and Bull Run Plants. TVA will likely appeal that judgment to the 4th Circuit (a 2-yr process) and the case may wind up before the US Supremes in 2012-13 or so.

gonzone's picture

Simple answers

Submitted by gonzone on Fri, 2009/02/27 - 4:33pm.

Simple answers to simple questions:

Yes.

Just look at who the new Board Chair is and the question answers itself.

"The arc of the moral universe is long, but it bends toward justice."

R. Neal's picture

Hmmm. I was thinking it was

Submitted by R. Neal on Fri, 2009/02/27 - 11:51am.

Hmmm. I was thinking it was just some empty threat blustering and posturing. Didn't recall that they had tried it before. Guess they will keep trying. They get involved in so many lawsuits I guess they have developed a standard playbook.

WhitesCreek's picture

I think there is a greater outrage here

Submitted by WhitesCreek on Fri, 2009/02/27 - 12:06pm.

It's not that they've tried this before and failed...It's that they've tried this at all.

The TVA Board seems to be a joke. They have legal immunity and are stunningly tone deaf to their public trust.

sugarfatpie's picture

I agree. The coal ash spill

Submitted by sugarfatpie on Fri, 2009/02/27 - 3:48pm.

I agree. The coal ash spill is in a league of its own as far as environmental disasters go. This is not a "nuisance". It is a disaster. If TVA thinks they can claim govt immunity and stiff us all, well they had better be prepared for the MOAPB (mother of all political backlashes).

-Sugarfatpie (AKA Alex Pulsipher)

"X-Rays are a hoax."-Lord Kelvin

knoxrebel's picture

Other TVA wishes

Submitted by knoxrebel on Fri, 2009/02/27 - 4:12pm.

It also appears that TVA will be filing two other preliminary motions: (1) asking the Court to rule that punitive damages are not permitteed against TVA, and (2) asking the Court to quash or strike the plaintiffs' request for a jury trial. They don't want punitive damages in the mix and they sure don't want a jury.

WhitesCreek's picture

I am against "punitive"

Submitted by WhitesCreek on Sat, 2009/02/28 - 9:42am.

I am against "punitive" damages in this case. Who will be punished? The truly culpable people, the Bush Administration and their appointed TVA Board, are legally untouchable. The Corporation can't be punished...Only the ratepayers.

Frankly, there are very few people even asking for punitive damages. Most folks just want to be made whole, for TVA to clean up the mess as quickly as possible, and for TVA to commit to near, middle, and long term environmentally sufficient business practices.

gonzone's picture

agreed

Submitted by gonzone on Fri, 2009/02/27 - 4:36pm.

But, but, but it was ash from "clean coal" dudes! So, no harm done, eh? :-)

I say it's time for the TVA charter to be rewritten once again. First Raygun had a shot, then Dubya had a shot, now let's fix it. Plain and simple, this is a government agency. Period. Now, that new charter is to lead the nation in clean energy and distribution systems. Period. There. Fixed.

"The arc of the moral universe is long, but it bends toward justice."

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