Beasley, Allen, Crow, Methvin, Portis & Miles, P.C.

Top executives at the Tennessee Valley Authority (TVA) have been told not to expect their hefty performance bonuses this year because of lagging electricity sales from a weak economy and the massive coal ash spill that has drained the utility of more than a $1 billion. The utility’s CEO banked more than $1 million in bonuses for fiscal year 2008, and the nine executives who answer to him took home a combined $1.2 million. Those executives and some 3,300 other managers and specialists at the TVA were also told not to expect any raises for fiscal year 2010 unless they are promoted within the company.

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Tina Nicholson walks down her driveway in Cumberland County, Tenn., every afternoon to meet her kids as they get off the school bus. They often detour down the winding Smith Mountain Road to look at wild growing herbs and enjoy the fresh air. The road is so narrow that when cars pass by, the Nicholson family has to step into a ditch that runs parallel to the road to make room. “Two regular cars cannot pass each other on this road as it is,” she says.

But if Crossville Coal Company and Smith Mountain Solutions have their way and are allowed to reclaim a surface mine on top of Smith Mountain to store coal ash recovered from the east Tennessee site of a massive coal ash spill, the narrow roadway where the Nicholsons walk will become even more treacherous with heavy trucks carrying tons of coal ash.

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Concerned citizens and environmental activists are opposing plans to expand a coal ash pond along the Ohio River in northern Kentucky because they say if the pond ruptures, it could contaminate drinking water. The proposal from LG&E would build 100-foot-tall walls around an existing coal ash pond, giving it more capacity than the coal ash impoundment at the Tennessee Valley Authority (TVA) Kingston, Tenn., plant, which failed last year and dumped more than a billion gallons of toxic waste on to a neighboring community.

That spill, called one of the largest environmental disasters in U.S. history, knocked houses off their foundations, damaged property and contaminated waterways. The TVA is currently undergoing an estimated three-year, $1.2 billion cleanup effort to restore the land.

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Residents of Kingston, Tenn., are tired of the bad rap their rural community has gotten since a neighboring coal ash impoundment pond breached, sending a wave of toxic material on to its property and waterways. That spill, called the worst environmental disaster in U.S. history, destroyed homes, damaged property, and contaminated popular waterways.

The last thing residents want is for the public to view that mess at will, even while the Tennessee Valley Authority (TVA) undergoes a years-long, $1.2 billion cleanup of the mess it made. Those residents this week applauded a decision made by the TVA to keep an overlook area closed to the general public. Instead, the area will remain behind a locked gate and only be used for scheduled tours, visits by members of Congress and their staffs, other public officials, and the media.

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Six generations of Jere McCraw’s family are buried on his 300-acre farm near Bridgeport, Ala. The land has been in his family since 1830, and he doesn’t want to sell it. But a Tennessee Valley Authority (TVA) coal ash pond in nearby Widows Creek is threatening his land.

Last January, just one month after a coal ash pond at the TVA’s Kingston, Tenn., plant broke, sending a wave of toxic sludge on to 300 acres of neighboring property and waterways, contaminated water accidentally leaked from the Widows Creek plant. The TVA recalculated that pond’s rating as “high hazard” and spent $2 million to upgrade the ponds. The nation’s largest utility vowed to convert the ponds from wet to dry storage, considered a safer storage alternative. And, as a precaution, TVA also is buying property adjacent to the coal ash ponds where the leak occurred, land that is also adjacent to McCraw’s farm, property that is also historically significant as the site of the Civil War’s Battle of Bridgeport.

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Four conditions created extra stress and movement in the massive coal ash pond at the Tennessee Valley Authority (TVA) Kingston, Tennessee plant and caused the impoundment to breach last December, sending a wave of toxic material on to 300 acres of nearby property, according to a study conducted by Los Angeles-based AECOM USA Inc. and released Thursday. Those factors include high water content of the ash, the height of the pile, the construction of sloping dikes over wet ash around the landfill, and a hidden layer of fly ash “slime” hidden 40 to 85 feet below the section of pond that breached.

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Glen and Lisa Sexton listed their house in Kingston, Tennessee for sale last September and had plenty of out-of-state offers. But since an a coal ash impoundment pond at the Tennessee Valley Authority (TVA) plant 16 miles away failed last December and flooded the neighboring community with more than a billion gallons of coal ash, no one seems interested in their home. “Our situation is we can’t sell it. It’s worthless,” Glen says.

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Even though the Tennessee Valley Authority (TVA) is monitoring the air and water near Kingston, Tennessee, for dangerous levels of toxins, Sandy Gupton takes water samples from the flooding on her farm just to be sure.

“Our farm is the largest acreage affected,” said Sandy’s husband Terry in an interview to the Chattanooga Times Free Press. “TVA does not want to admit that the spill has devastated our lives, tainted our land and reduced our livelihood to a fraction of what it was before the spill.”

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Cancer rates among people living near coal ash ponds are “disturbingly high,” according to Environmental Integrity Project and Earthjustice, nonprofit organizations that studied Environmental Protection Agency (EPA) data from 210 coal ash ponds across the United States. The data is compiled in a report titled, “Coming Clean: What EPA Knows About the Dangers of Coal Ash.”

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Lawmakers sit on both sides of the argument about whether lining the coal ash impoundment at the Tennessee Valley Authority’s Kingston, Tennessee, plant would have prevented the massive spill of toxic material onto neighboring homes and property, but legislation is moving through the Tennessee House and Senate that would require such ponds created or expanded in the future to be lined, according to the Times Free Press.

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