More than 400 people have filed a total of 55 lawsuits against the TVA. Several hundred more people are said to be waiting for possible class-action certification. One lawyer estimated it would take more than 170 years to litigate the case should the agency force separate trials for every claim either already filed or pending class-action status, according to the Knoxville News Sentinel. The spilled coal ash is being blamed for destroyed homes, damaged properties, and a litany of health problems.

Coal ash is currently not regulated by the federal government, which critics say caused lax standards among coal ash impoundment facilities like the east Tennessee TVA plant. One proposal the EPA is considering would regulate coal ash as hazardous material, which would then fall under federal oversight. Another proposal would keep coal ash as non-hazardous but would require enforcement through “citizen” lawsuits.

The EPA said in a statement that is does not know when regulations will be finalized.

SOURCE: Coal Ash Spill › Two years after spill EPA unsure how to classify toxic coal ash

Since the billion-gallon spill of sludge from the TVA’s Kingston, Tenn., coal-firing plant 18 months ago, the country’s largest utility has been engaged in a massive cleanup of the toxic waste. The spill is responsible for destroying at least three homes, damaging property, and contaminating nearby waterways. Once pristine countryside that encouraged water recreation and fishing, now sits as a monochromatic field dusted with ash and covered with heavy equipment. About 60 percent of the ash has been removed from the Emory River as part of the first phase of the three-year, billion-dollar cleanup effort.

Because coal ash contains dangerous chemicals that have been found to cause serious health problems such as cancer, liver damage and neurological problems, many residents worry that the damage to human and wildlife cannot be repaired. Some people who live near the spill site say they have experienced breathing problems and heightened anxiety since the spill. Some residents, including a toddler, have tested positive for heavy metals in their blood.

TVA has already agreed to pay $40 million to the county for economic develop and to restore the community’s public image. The utility is also facing hundreds of lawsuits from people who lost property or were injured by the spill.

Source: CNN

SOURCE: Coal Ash Spill › TVA fined $11.5 million for violating state environmental laws

The residents of Kingston, Tenn., know the scenario well by now. It’s been 14 months since an impoundment pond at the Tennessee Valley Authority (TVA) coal-burning plant breached, sending a wave of toxic material over 300 acres and into the Emory River. The sludge, piled as high as nine feet in some areas, knocked houses from their foundations, damaged once-pristine property, and contaminated the Emory River, an area once known for its water recreation. Coal ash contains dangerous toxins that have been found to cause serious health problems such as liver damage, neurological problems and cancer. Many in the area have complained of heightened anxiety and breathing problems. Some, including a small child, have tested positive for heavy metal in their blood.

The land may never be completely restored. The residue left behind can still affect wildlife and plants. The TVA is working around-the-clock on what is expected to be a three-year, $1 billion cleanup effort. That cost does not include what the nation’s largest utility is likely to pay in lawsuits against it because of the spill.

The sad fact is that the coal ash spill could have been prevented if the TVA had simply heeded the warnings from engineers who raised concerns of the impoundment pond’s structural integrity just months before the spill.

It’s an all too familiar scenario. Just last year BP suggested that an accident leading to a massive crude oil spill was all but impossible. Yet, it happened. The blowout from a riser pipe a mile below the water’s surface is pouring at least 200,000 gallons of oil into the ocean every day. The spill is so large it is expected to be much bigger than the Exxon Valdez disaster, in which 11 million gallons poured into the Prince William Sound off the coast of Alaska. The ecological and economic effects could be devastating to an area still recovering from Hurricane Katrina.

Only time will tell how much damage it will cause or how long it will take for the land, the wildlife, and the businesses that rely on it to be restored. Perhaps it’s time these companies learn a lesson and focus on preventing such disasters rather than waiting until they happen to address them.

SOURCE: Coal Ash Spill › Gulf coast oil spill reminiscent of coal ash disaster

“This new filing should move the case forward more quickly and efficiently,” said Beasley Allen attorney Rhon Jones. “It should also allow the claims of those seeking class action status to speak with one unified voice.”

The lawsuit alleges that the TVA and two if its engineering consultants, Geosyntec Consultants Inc., and WorleyParsons Corp., trespassed on plaintiffs’ property; was negligent in designing, building and operating the Kingston Fossil Plant ash impoundment; violated federal and state environmental regulations; and committed other civil violations resulting from the spill.

The TVA coal ash spill dumped more than a billion gallons of toxic sludge on to a neighboring community and into nearby waterways. Piled as high as nine feet in some areas, the coal ash knocked houses off their foundations, damaged property and contaminated the Emory River. Coal ash contains arsenic and other carcinogens that environmentalists fear may have serious effects on humans and wildlife in the area. Numerous residents were displaced, and several have reported emotional and physical problems since the spill. Some residents, including a toddler, have tested positive for heavy metals in their bloodstream.

SOURCE: Coal Ash Spill › New class action lawsuit filed against TVA, consultants

That coal ash is a synthetic form of the mineral gypsum, produced by power plant “scrubbers” that remove sulfur dioxide from the smoke stack emissions. The chalky substance also contains mercury, arsenic, lead and other heavy metals that have been linked to serious health problems, like cancer, liver damage and neurological complications.

So why scatter toxic ash over the fruits and vegetables we eat? The Environmental Protection Agency (EPA) says the toxins are in such small amounts that they aren’t harmful to crops or humans. That’s hardly reassuring news considering a year ago coal ash wasn’t classified as a hazardous material, and plants that stored coal ash waste weren’t subject to federal inspections.

It wasn’t until the wall of a coal ash impoundment pond at a Tennessee Valley Authority (TVA) plant in east Tennessee broke, sending a wave of coal ash onto a nearby community, that the government began to take a closer look at the waste produced by power plants. It found that coal ash contained higher levels of toxins that originally thought and was in fact dangerous to humans.

The TVA now faces lawsuits from hundreds of victims of that spill. Many residents lost property, but several have reported health problems ranging from nosebleeds to breathing complications. Some, including a small child, have even tested positive for heavy metal in their bloodstream.

Now that light has been shed on the real dangers of coal ash, perhaps the government might reconsider its stance on the safety of coal ash as a fertilizer for the foods we eat.

Source: Food Consumer

SOURCE: Coal Ash Spill › Why is toxic coal ash used to fertilize crops we eat?

This week, TVA attorneys and attorneys representing the hundreds of plaintiffs gathered before U.S. Magistrate Bruce Guyton to work out details of the discovery process. TVA attorneys said they hoped to avoid duplicate discovery in the 50 new cases filed since August, and asked the court to give the new cases the same orders about disclosing evidence and document preservation that have already been applied to earlier lawsuits. Otherwise, deposing all the plaintiffs could take a year.

Plaintiffs’ attorneys said that the claims should be resolved quickly and that most clients would likely opt to settle and avoid a long pretrial process. “If that happens – and I encourage it – let me know,” Guyton told attorneys for both sides.

The TVA has asked in earlier court filings for the cases to be dismissed, citing a Department of Justice’s position that protects federal agencies from civil penalties in suits brought by citizen groups under some federal environmental statues. A ruling on that request has yet to be made.

Sources:
Knox News
WRAL

SOURCE: Coal Ash Spill › TVA, plaintiffs’ attorneys meet in court to discuss speedy resolution

TVA officials say the increased energy demand is a result of extreme cold weather throughout the Southeast. The increase will likely help pad the coffers of the TVA, which are stretched these days due to a billion-dollar cleanup of an east Tennessee community that was covered in toxic sludge after a coal ash impoundment pond breached at the TVA’s Kingston site.

The TVA also shelled out millions to buy up damaged property at the spill site and to help pay for city and county improvements and a public relations campaign to help improve the damaged area’s image. Another billion is being spent to upgrade its other facilities. The utility is also facing lawsuits from hundreds who lost property or suffered injury as a result of the coal ash spill.

The TVA is entering negotiations with insurance companies to cover the billion-dollar cost of the cleanup; however, for now, TVA’s customers are footing that bill.

Sources:
WBRC-TV
The Tennessean

SOURCE: Coal Ash Spill › TVA enjoys record-breaking energy sales

The Duncans – husband, wife, a disabled adult son, and an 8-year-old son – decided to stop suffering in silence. They are among hundreds of people who have filed lawsuits against the TVA claiming gross negligence. The Duncans are seeking $1 million in compensatory damages for personal injuries and losses in addition to unspecified punitive damages to punish TVA as a deterrent, according to the Associated Press.

The TVA is engaged in a years-long, billion-dollar cleanup of the coal ash-covered land. The utility has also given $43 million to the community to help improve city infrastructures and the community’s image, and has agreed to pay settlements to owners of 150 pieces of property. Thirty-three settlement offers were not accepted, and TVA now faces dozens of lawsuits from victims.

SOURCE: Coal Ash Spill › Hundreds of coal ash spill victims file lawsuits against TVA

Records reviewed by the Knoxville News Sentinel indicate that 10 firms will rake in more than $10 million each from the first phase of the cleanup effort, including Phillips & Jordan, a Knoxville-based disaster recovery specialist, which is expected to earn as much as $95 million from the TVA.

The TVA is engaged in a three-year, billion-dollar cleanup effort to restore the land, property that was once known for its pastoral landscapes and recreational waterways but is now covered with dark ash and heavy equipment.

It’s a hard pill to swallow for local residents, many of whom watched their homes destroyed or their property damaged when the wave of coal ash – piled as high as nine feet in some areas – poured out from a breached impoundment pond at the neighboring TVA coal-firing plant. Coal ash contains dangerous toxins that have been linked to serious health problems. Many environmentalists argue that if coal-firing plants had been properly inspected by the federal government, perhaps weaknesses in the pond’s infrastructure would have been brought to light sooner and the devastating spill could have been avoided. But hindsight is 20/20.

Besides the billion-plus dollars spent to clean up the devastated land, the TVA has shelled out millions more to buy up homes that were damaged or destroyed and to pay for county improvements and a public relations campaign as a sort of peace offering. More expenses are expected. The nation’s largest utility is also facing class action lawsuits filed by firms such as Beasley Allen on behalf of residents affected by the spill.

SOURCE: Coal Ash Spill › Contractors to make millions off coal ash spill cleanup

The nation’s largest utility is also holding out hope that insurance will cover the cost of the spill, lessening the impact on its rate payers. Before insurances will commit, the TVA must first lay out detailed plans on how it plans to cleanup and restore the land it damaged, and rationalize the cost.

“We have to come up with those plans; we have to then submit to the insurance companies what those plans are and what the costs are, and then they will come back and set a time when they can sit down and discuss that insurance with us,” TVA spokesperson Barbara Martocci told Nashville Public Radio.

The cleanup effort could take as much as three years to complete. It involves dredging the Emory River as well as removing the coal ash on land that built up as high as nine feet in some areas. As part of the cleanup, the TVA also purchased more than a dozen homes that had been damaged in the spill. The utility is also facing numerous lawsuits from people and businesses who lost property.

TVA officials say they hope to start discussions with insurance companies in the next few months.

SOURCE: Coal Ash Spill › TVA customers footing bill for coal ash spill

“Humans have turned screwing up the earth into an art form, skillfully wreaking havoc on the land, water and air through negligence, lack of concern or even the greedy desire to profit at all costs,” according to the blog post. “American corporations are especially adept at causing severe damage to the environment and human health, and some of the worst offenders – including Exxon Mobil, Monsanto and W.R. Grace – have, by and large, gotten away with it.”

Victims of the Tennessee coal ash spill are hopeful the TVA will be held responsible for the massive spill. After all, inspection reports by both the TVA and the state show that the utility knew for several years that there were leaks in the coal ash pond and yet nothing was ever done to repair it. Only after the spill occurred did the public learn just how dangerous coal ash is.

The sludge, which mounded as high as 8 feet in some areas, contains toxins such as arsenic, lead, chromium, manganese and barium that have been linked to serious health problems such as cancer, liver damage and neurological complications.

Despite the evidence, some worry that the nation’s largest utility may be given a break from fines and prosecution. “TVA, like all federal agencies, and consistent with the Department of Justice’s position on the issue, is not subject to civil penalties in suits brought by citizen groups under some federal environmental statutes,” says TVA spokeswoman Barbara Martocci. “It would take legislation to change this.”

Try explaining that to the family who lost their home because the sludge knocked it off the foundation, or the developer whose business is in jeapordy because the lakefront homes aren’t selling because the waterways are contaminated, or the parents of the toddler who tested positive for heavy metals in his bloodstream. No wonder environmental groups and victims of the spill are calling for justice.

SOURCE: Coal Ash Spill › Tenn. coal ash spill among worst man-made environmental disasters

The Associated Press

Last December, 1.1 billion gallons of toxic coal ash spilled out from an impoundment pond at the TVA’s Kingston, Tenn., plant and onto 300 acres of a neighboring community. The spill, piled as high as nine feet in some areas, knocked houses from their foundations, destroyed property and contaminated the nearby Emory River. The TVA launched a massive cleanup effort expected to take three years and cost more than $1 billion. The nation’s largest utility also shelled out millions to buy up homes and property damaged by the spill and is facing numerous lawsuits from residents and business owners in the area.

The coal ash spill not only created an eyesore in the once picturesque east Tennessee community, it also poses a health risk to those who live or have lived in the area. Aside from escalated anxiety, many residents have reported respiratory problems following the spill. Some residents, including a toddler, have tested positive for heavy metals in their blood. Coal ash contains dangerous toxins such as arsenic, lead, chromium, manganese and barium which have been linked to serious health complications such as cancer, liver damage and neurological problems.

Other events that generated significant news coverage in Tennessee in 2009 include the murder of Tennessee Titans quarterback Steve McNair, the rise in the state’s unemployment rate, and the closing of the General Motors Saturn plant.

SOURCE: Coal Ash Spill › Coal ash spill among top news stories in Tennessee

“There is a lot of scientific uncertainty in this case, as there are in many environmental cases,” Button said in an interview with KnoxNews.com.

Last year, more than a billion gallons of coal ash spilled from an impoundment pond at the Kingston, Tenn., fossil fuel plant and covered about 300 acres of a nearby community. The spill knocked homes off their foundations, damaged property and contaminated nearby waterways. The TVA has been involved in what it anticipates to be a three-year, billion dollar cleanup effort to restore the land, but environmentalists say the damage is not as easy to repair.

To date, 14 lawsuits – some of them class actions – have been filed against the TVA by residents and businesses who lost property or have been injured by the spill. Coal ash, a product of coal-firing plants, contains dangerous toxins that have been linked to serious health conditions such as cancer, liver damage and neurological problems. Some residents in the area have experienced heightened anxiety and breathing problems. Some, including a young child, have tested positive for heavy metals in their blood.

Whether the TVA will actually pay its due for the damages it caused is still in question. “TVA, like all federal agencies, and consistent with the Department of Justice’s position on the issue, is not subject to civil penalties in suits brought by citizen groups under some federal environmental statutes,” says TVA spokeswoman Barbara Martocci. “It would take legislation to change this.”

Button says all hope isn’t lost, that claiming sovereign immunity isn’t a guarantee of protection for the TVA, adding that the U.S. Army Corps of engineers was sued following Hurricane Katrina.

SOURCE: Coal Ash Spill › TVA claims protection as coal ash lawsuits mount

“No corporation or agency should be above the law, especially at the expense of the environmental well-being of our citizens, wildlife and waters,” said Robert Dreher, senior vice president for conservation law and climate change at Defenders of Wildlife, one of the environmental groups outraged by the notion that the TVA may skirt fines and charges because of the law.

TVA officials say the allegations are unfounded, as they are already subject to penalties and lawsuits filed by citizen groups and the Environmental Protection Agency. TVA also is taking measures to change the way it stores coal ash by converting its wet ash ponds to dry storage.

The Environmental Integrity Project, one of the environmental groups leading the fight against the TVA, says the utility is one of the nation’s worst polluters and displays the “latest and most dramatic example of environmental mismanagement.” The group sent a letter to President Barack Obama urging him to have the Justice Department stop protecting the TVA from penalties. The group also recommended that Obama appoint new directors to TVA’s governing board and order the utility to establish a timeline for its plan to convert its wet storage to dry and phase out old coal-firing plants.

Sources:
Associated Press
Chattanooga Times Free Press

SOURCE: Coal Ash Spill › Environmentalist groups want TVA to be prosecuted, fined

The salary reduction was blamed partially on a drop in power sales as a result of a slumping economy. But the TVA also did away with performance bonuses for top executives, including Kilgore – a wise move considering the nation’s largest utility is facing millions in lawsuits from residents affected by last year’s coal ash spill and at least $1 billion more from a massive cleanup of the land damaged by the spill.

“It has been a very difficult year,” said TVA chairman Mike Duncan at the utility’s last board meeting.

The TVA says Kilgore took the biggest hit in salary reduction among staff at the utility, and now earns 45 percent less than the average top executive at other utilities, according to a study conducted by the TVA. Kilgore receives a base salary of $875,000 per year plus a $300,000 annual retention bonus for the next four years.

While a handful of top executives will have to forgo performance raises this year, the remaining 12,000 TVA staffers are still eligible for raises in 2010.

The TVA reported to the U.S. Securities and Exchange Commission that it earned $726 million on revenues of $11.3 billion during fiscal year 2009, compared to $817 million on revenues of $10.4 billion the previous year.

SOURCE: Coal Ash Spill › TVA CEO still well paid after salary reduction

Barbara Martocci, TVA spokeswoman, said the Dam Safety Group will take over the inspection of all the utility’s impoundments in 2011. And the utility is also taking steps to eliminate wet ash storage facilities at all its power plant locations.

Coal ash storage ponds have come under scrutiny since December 2008, when a coal ash impoundment pond at the TVA Kingston plant breached, sending a wave of toxic material on to a neighboring rural community.

Despite containing heavy metals that have been linked to serious health problems, coal ash isn’t classified as a hazardous material. Thus, facilities that store coal ash weren’t regulated by the federal government. Critics say that if the plants had been properly regulated and inspected, perhaps the massive spill that blanked an east Tennessee community with toxic material may not have happened in the first place.

The TVA, meanwhile, is involved in a years-long, multi-million dollar cleanup of the land and is facing a mountain of lawsuits from people who were harmed or lost property in the coal ash disaster. The customers of the nation’s largest utility will soon feel the pain, too, as that hefty expense is likely to translate into higher residential utility bills.

SOURCE: Coal Ash Spill › Advisory board recommends tougher controls over coal ash storage

One year ago this month, a coal ash pond at the TVA’s Kingston, Tennessee, coal-burning plant breached, sending a wave of toxic material onto 300 acres of neighboring property. Piled as much as nine feet high in some areas, the wave of coal ash toppled houses, destroyed property and poured into the nearby Emory River. No one was killed when the wave tumbled in, but the lives of many residents were changed forever by the event some environmentalists call the largest environmental disaster in U.S. history.

The coal ash displaced several residents, but damaged homes and property are just one of the concerns residents have. Coal ash contains dangerous toxins such as arsenic, lead, chromium, manganese and barium, which have been found to cause serious health complications in humans, such as cancer, liver damage and neurological complications. Several residents in the area have reported heightened anxiety following the spill. Some have reported breathing problems. A few, including a toddler, have tested positive for heavy metals in their bloodstream. Many of those residents are now asking the TVA to pay up.

According to the Knoxville News Sentinel, attorneys for 11 plaintiffs filed six lawsuits in U.S. District Court in Knoxville against the TVA between Nov. 16 and Nov. 23, bringing the total to 14. More lawsuits are expected.

Meanwhile, the TVA is undergoing what is expected to be a three-year, $1 billion cleanup process to restore the land. But whether the land can be completely restored remains unclear.

SOURCE: Coal Ash Spill › More coal ash lawsuits filed against TVA

TVA CEO Tom Kilgore, however, will continue to receive a $300,000 annual retention bonus for another four years on top of his base salary of $875,000. TVA director Dennis Bottorff said that despite the bonus, Kilgore’s income is about 45 percent lower than the average top executive at other utilities.

Fiscal year 2009 has been difficult for the TVA. Not only has a downturn in the economy resulted in a 7 percent drop in electricity sales in the utility’s seven-state region, but TVA is shelling out an estimated $1 billion to clean up land in east Tennessee after its Kingston, Tenn., coal ash impoundment pond breached, sending a wave of toxic material on to 300 acres of a neighboring community. Not included in that cleanup cost is the millions paid out by TVA to buy homes and land damaged by the spill. The utility is also facing numerous lawsuits from residents who were harmed or lost property in that spill.

The only good news in the TVA’s end-of-year report is that the rest of TVA’s 12,000 employees will be eligible for raises in fiscal year 2010. “You see a lot of really substantial progress being made on many fronts in TVA,” Bottorff told the Associated Press. “It is unfortunate that we see an event which overshadows that performance or an economy that we all live in that detracts from that performance.”

SOURCE: Coal Ash Spill › TVA executives will not receive raises, performance bonuses this year

The order overrides a district judge’s 2005 ruling, which dismissed the cases, saying the lower court was wrong to throw out the complaints against the utilities. The utilities had claimed that if the court ordered a reduction in emissions, the move would interfere with the President’s efforts to persuade other nations to reduce their emissions. U.S. District Judge Loretta Preska dismissed the cases on the grounds that reducing carbon dioxide emissions was a matter to be dealt with by Congress, not the court system.

The utilities involved include the TVA, American Electric Power, Southern Co., Xcel Energy and Cinergy, now owned by Duke Energy. Plaintiffs in the lawsuits include New York, Connecticut, California, Iowa, New Jersey, Rhode Island, Vermont, Wisconsin, New York City and land trusts Open Space Institute, Open Space Conservancy and the Audubon Society of New Hampshire.

“This is a game-changing decision for New York and other states, reaffirming our right to take direct action against global warming pollution from power plants,” said New York Attorney General Andrew Cuomo. “Today’s decision allows us to press this crucial case forward and address the dangers posed by these coal-burning power plants. My office will continue to be a leader in the fight to tackle the risks global warming poses to our environment, public health and economy.”

SOURCE: Coal Ash Spill › TVA facing lawsuit that seeks to enforce emission reduction

The coal ash wave that poured down on an east Tennessee community in late December of 2008 piled as high as nine feet in some areas. It knocked houses from their foundations, destroyed land, and contaminated waterways.

In the months since the spill, the TVA has taken on a long and pricey cleanup, estimated to take up to three years and cost the TVA nearly $1 billion.  The utility has also spent another $20 million to purchase property from victims. Last week it announced it will shell out another $43 million to Roane County, Tenn., to help clean the town’s image, which was tarnished from the spill, through civic upgrades and a public relations campaign.

But the financial woes as a result of the spill don’t stop there for the TVA. The utility could be forced to pay out millions more from lawsuits by those who suffered from the spill. One lawsuit, filed by a developer of new homes on Watts Bar Lake, is asking for $17 million. The utility is hoping to dodge those mounting lawsuits. Last April, it made a request to the Federal District court in Knoxville to dismiss all tort claims filed against it related to the coal ash spill.

There is no word yet on when the court will make a decision on whether to grant the TVA immunity from those lawsuits. But one thing is clear, leaving the victims high and dry is simply unfair. “It is a slap in the face of the people who have suffered for … months,” says a plaintiff’s attorney in response to the TVA filing last spring. “Clearly, TVA has delayed taking responsibility with respect to the many residents and how they’ve suffered.”

SOURCE: Coal Ash Spill › TVA hopes to dodge lawsuits filed by coal ash spill victims

The spill, one of the largest environmental disasters in our country’s history, knocked houses from their foundations, damaged property, and contaminated nearby waterways, hindering water recreation activities in the area and diminishing nearby property values. While the TVA is engaged in what will amount to a near-$1 billion cleanup of the damaged land, plus a litany of lawsuits related to the spill, Roane County officials say that the city’s public image has also been scarred and the TVA needs to pony up the funds to help restore it.

The TVA had said it would help compensate the city and county and considered two different proposals submitted by local governments. One proposal asked for $40 million to cover upgrades to water lines, sewer lines and schools as well as the construction of nature trails and a hefty public relations campaign.

“That bell has been rung and you can’t unring it,” said Mayor Troy Beets of Kingston to the New York Times. “We can’t unring the fact that we had the ash spill on Dec. 22; we can’t unring all the negative publicity that came out about it. You try to ring some more bells, just as loudly, that are positive.”

SOURCE: Coal Ash Spill › TVA to spend $43 million to improve county where coal ash spill occurred

Roane County, Tenn

“We are not trying to take advantage of anything. We didn’t ask for this. We didn’t go out looking for it. We are not ambulance chasers,” Kingston Mayor Troy Beets told the Associated Press. “We are trying to recover from a hit in the mouth.”

The TVA said it would consider local governments’ request for compensation. Local officials have drafted two options, one of which includes upgrades to water lines, sewer lines and schools, construction of nature trails, and a big public relations campaign that could total as much as $40 million. The nation’s largest utility also faces mounting lawsuits from residents who lost property or suffered injury from the spill.

“How do you recover (from such a huge environmental disaster)?” Roane County Mayor Mike Farmer said to AP. “You do something to make people forget about what today’s news story is — some wonderful announcement that says we are working on a wonderful new Roane County with a new school, new ball fields and a new senior center.”

The TVA is expected to announce this week how much it will pay to compensate the county.

SOURCE: Coal Ash Spill › County asks TVA for millions to clean up tattered image after coal ash spill

The nation’s largest utility has been caught in a swarm of  bad luck, beginning with the largest drop in sales it had ever seen in its 76-year history, thanks to a struggling national economy. That was compounded by court-ordered clean-air improvements to its plants, which will cost the TVA millions over the next several years. But the biggest slam to the agency is last December’s impoundment pond breach that sent more than a billion gallons of toxic coal ash tumbling down on to a neighboring community. The wave of sludge toppled houses, damaged property, and contaminated neighboring waterways.

A months-long cleanup is underway and expected to ring in at nearly $1 billion before it is complete. That cost doesn’t include money the agency is paying out to buy damaged property and pay off suffering residents. The TVA is also facing a mountain of lawsuits from residents and at least one business owner who suffered because of the spill.

TVA is also spending a pretty penny to salvage its tainted public image. Raising customers’ rates won’t help, but because fuel costs continue to drop, the TVA says most customers will actually see a reduction in their monthly power bills despite the rate change.

Aside from cutting or freezing cost-of-living pension increases and increasing rates, TVA will also defer capital projects in hopes of saving nearly $2 billion over the next three years.

Source: Associated Press

SOURCE: Coal Ash Spill › TVA to raise rates, borrow money, cut spending

Walt Dickson and New Homes Construction Co. Inc. have filed a lawsuit in Knoxville federal court asking for $17 million for alleged damages to the Lakefront Estates development in neighboring Rhea County. Lakefront Estates is located on Watts Bar Lake, located about 25 miles downstream from where the TVA’s coal ash impoundment pond broke and poured more than a billion gallons of coal ash onto neighboring property. The spill pushed houses off their foundations and destroyed property in its wake. It also poured into Emory River and traveled downstream.

Following the spill, signs were posted along the river warning people to stay out of the water and not consume any fish caught in the waters. Coal ash contains dangerous materials such as arsenic, lead, barium, chromium and manganese, which have been linked to serious health problems such as cancer, liver damage and neurological complications.

The lawsuit claims that the toxic material poured downstream into Watts Bar Lake, where it hurt water recreation and decreased property values in the 90-acre Lakefront Estates development. According to the lawsuit, “As a result of TVA’s conduct described herein, Plaintiffs have lost the sale of multiple lots, the development has diminished in value, the recreational amenities afforded by the development have been substantially affected and the whole development and its purpose herein described, has been unreasonably interfered with by TVA as a result of the spill.”

SOURCE: Coal Ash Spill › Community developer files lawsuit against TVA

Kentucky baker and former Republican Party chairman Mike Duncan, who has signed on to oversee the nation’s largest utility, made the comment at the board’s meeting earlier this week. He said the agency is already facing an uphill battle with lower electric sales from the downturn in the economy and mounting costs to clean up the mess left behind by the spill.

Those cleanup costs are estimated to ring in at more than $975 million. TVA is also facing numerous lawsuits from property owners and some are looking to the utility to foot a $1.9 million public relations campaign to restore the tattered image of the area since the coal ash spill.

Coal ash, which contains dangerous toxins such as arsenic, lead, chromium, manganese and barium, has been associated with serious health problems such as cancer, liver damage and neurological damage. Some residents in the area – including a young child – have tested positive for heaving metals in their blood.

Duncan says he is confident the utility can find “new efficiencies in our costs at the same time that we find new ways to protect our environment.”

SOURCE: Coal Ash Spill › TVA’s new chairman says coal ash disaster must not happen again

The utility claims its responsibility is to clean up the spill. It also says it has a financial responsibility to its 9 million customers.

To date, the TVA has spent more than $68 million to clean up the area. The utility estimates it will spend between $525 million and $825 million before the effort is complete. That total doesn’t take into consideration the money the utility will shell out for related fines and damages from lawsuits.

The TVA has purchased more than 70 properties at a cost of about $20 million, and is considering more offers from homeowners. The TVA already has turned down several more offers.

In a statement released by the TVA, the utility said it “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.”

A plaintiff’s attorney responded to the statement by saying the TVA’s claim “is a slap in the face of people who have suffered for four months. … Clearly, TVA has delayed taking responsibility with respect to the many residents and how they’ve suffered.”

SOURCE: Coal Ash Spill › TVA asks federal judge to dismiss lawsuits

And now the TVA is arguing that the process of saving the voice mails could possibly “bring down” the utility’s voice mail system. Magistrate Judge Guyton was unmoved by the TVA’s argument that keeping the past voice mails is straining its system.

TVA says it believes it has preserved most of the voice mails related to the spill and says it doubt future voice mails will have any bearing on the pending lawsuits against the utility.

Magistrate Judge Guyton says he will issue a written ruling soon. An April 8 hearing has been set to determine how soon the lawsuits could be resolved or tried, according to the Knoxville News Sentinel.

SOURCE: Coal Ash Spill › TVA voice mail system facing possible crash

The spill dumped more than a billion gallons of coal ash sludge on to 300 acres in an east Tennessee community. Dozens of homes were destroyed or damaged and property was left a mess. Aside from the physical damage, homeowners in the area are concerned of the risk to human life.

Coal ash contains dangerous toxins such as arsenic and lead that can cause serious health issues such as cancer, liver damage and neurological complications. Several homeowners in the area already have complained of respiratory problems.

The cleanup already has taken months and could cost the utility between $525 million and $825 million, according to earlier reports. A cleanup plan that included the dredging effort was outlined in a report submitted by the TVA and approved by the Environmental Protection Agency (EPA). The utility vows to restore the property to its original condition, but homeowners wonder if doing so is even possible, given the magnitude of the spill.

More than 100 property owners have filed federal lawsuits against the TVA, but many residents who live closes to the spill have opted to either reach settlements with the TVA or say they plan to wait things out.

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SOURCE: Coal Ash Spill › Dredging begins at Tennessee coal ash spill site

The practice of utilities selling coal ash byproducts is not unusual. The Tennessee Valley Authority (TVA) recently released a report stating that it sells about a third of the 7 million tons of fly ash, bottom ash, gypsum and boiler slag generated in its plants each year. Those byproducts have been mixed into concrete for roads in bridges and in blocks for buildings. The gypsum has been used in wallboard, granules for roofing shingles and grit for sandblasters. The byproducts even have been used as filler material for recreation areas, ball fields and industrial parks, according to the Atlanta Journal Constitution.

Yes, this is the same type of toxic material that spilled on to 300 acres of rural east Tennessee last December when one of the utility’s coal ash ponds failed, destroying nearby homes and causing hundreds of millions of damage to property. Environmentalists say the damage to wildlife and plant life is still to be determined, and many locals who live near the site have already suffered health problems. The coal ash contains toxins such as arsenic, lead, chromium, manganese and barium, which have been associated with serious health problems such as cancer, liver damage and neurological complications.

So it comes as little surprise that the Chinese drywall containing coal ash byproducts is also making people sick. The lawsuit alleges that the drywall emits one of several sulfur compounds giving homes made of it a foul odor. Some say those fumes also may cause respiratory health problems, headaches, dry eyes and nosebleeds. The long term affects of exposure are yet to be determined.

Other problems caused by the Chinese drywall include corrosion of air condition coils, putting homes at serious risk for electrical fires.

The class action lawsuit names the Knauf Group, PKT’s parent company; Banner Supply, a Miami-based materials supply company; and Rothchilt International, Ltd. , an export company in China. Legal experts believe many more lawsuits will follow.

SOURCE: Coal Ash Spill › Coal ash byproducts used in building supplies making people sick

The bleak outlook is in part the result of the utility’s coal ash pond failure in December that dumped 1.1 billion pounds of toxic waste on to 300 acres of east Tennessee. TVA is facing numerous lawsuits from property owners as well as mounting cleanup costs that could reach as high as $825 million.

TVA said insurance should cover some of the costs but it also will consider disposing assets, using debt and raising power rates. The slashing of its annual incentive awards will also help cover costs.

As a result, President and Executive Officer Tom Kilgore said not only will he and upper management not receive the annual incentive awards for the fiscal year, compensation adjustments and lump sums also would not be paid for the year. However, annual incentive pay tied to performance of individual units would remain in place.

“I know that in these tough economic times, this news will be disappointing to our employees, but it is a realization of the challenges we face. I am grateful to everyone for their understanding,” Kilgore said in the memo.

SOURCE: Coal Ash Spill › TVA cuts incentive programs for all employees

About six weeks ago, a coal ash impoundment at the TVA’s Kingston’s plant failed, pouring 1.1 billion gallons of toxic mud and slush over 300 acres of rural east Tennessee. The massive outpour destroyed homes and damaged houses in its wake. As a result, the utility said it now must staff an unexpected but essential recovery effort.

The changes address three key TVA objectives – establishing project management of the recovery effort; consolidating, standardizing and strengthening engineering efforts across the utility; and ensuring leadership for the ongoing operation of TVA’s nuclear and fossil plants, according to the report.

Oversight for the overall scope and recovery strategy, agency and public interface and overall progress will be handled by Anda Ray. Ray also will oversee all TVA environmental activities. Construction and ash and gypsum mediation efforts at all coal plants will be handled by Bob Deacy. Both Ray and Deacy will report directly to TVA CEO Tom Kilgore to ensure “that TVA effectively coordinates all recovery activities” in the Kingston area.

Preston Swafford was reassigned to be the new executive vice president and chief nuclear officer. Bill Campbell, who currently serves as chief nuclear officer, will now serve as senior vice president of all TVA Fleet Engineering.

The moves help ensure improved focus and execution of engineering across the TVA system, according to a utility spokesman.

SOURCE: Coal Ash Spill › TVA announces changes to ensure proper handling of coal ash spill

The material dumped on property and neighboring waterways contained dangerous toxins such as arsenic, lead, barium, chromium and manganese. If ingested or inhaled in high levels, those toxins could cause serious health problems such as cancer, liver damage and neurological complications.

A massive cleanup ringing in at about $1 million per day is underway, but many say the damage already has been done. So far 27 families have had to relocate to temporary housing – paid by TVA. To date, families in the area have filed 444 claims with the TVA, related to the spill. Of the 444, 311 are related to real estate, 117 to health concerns, and the remaining 16 deal with personal property damage.

In situations such as the TVA’s coal ash spill where several people are affected, cases are often consolidated into a single class-action suit where claims and damaged are determined based on the number of people affected and the type of damage that occurred.

SOURCE: Coal Ash Spill › Property owners file claims against TVA