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Lawmakers Want a More Transparent TVA

Lawmakers Want a More Transparent TVA

The Tennessee General Assembly and Governor Bill Lee added their voices to the chorus of lawmakers who think the Tennessee Valley Authority (TVA) should make all of its meetings open to the public.

TVA conducts its four, quarterly meetings in public. But committees meet in secret before those public meetings to discuss issues on the TVA’s upcoming agenda. A TVA spokesman said, though, committee meetings “are not decision-making meetings and a quorum of board directors is not present.”

In January, two Tennessee Congressmen — U.S. Rep. Tim Burchett (R-Knoxville) and U.S. Rep. Steve Cohen (D-Memphis) — introduced the Tennessee Valley Authority Transparency Act of 2019. That bill ”would require meetings of the TVA Board to be held in public, properly noticed, and make available minutes and summaries of each meeting.”

State lawmakers in both houses passed a resolution this year signing on to the idea that TVA’s meetings should be public. It was passed unanimously in the Senate. It received only one “present not voting” action from one of the House’s 94 members present the day of the vote. Speakers in the House and Senate signed the resolution last Monday. Lee signed it the next day.

The resolution says all the lawmakers ”strongly support the passage of the Tennessee Valley Authority Transparency Act of 2019.”

“…it is vitally important to the citizens of Tennessee that TVA, as an entity created and protected by Congress, should conduct their business in the open and be as transparent as possible…,” it reads.

The state resolution was filed by Sen. Ken Yager (R-Kingston). He said he “could not agree more with what” Burchett was “trying to do” with his bill.

”We all know…that the TVA is the steward of billions of dollars of ratepayers’ money,” Yager said. “But they also make rules that govern the lives and effect the lives of everybody else in Tennessee, not the least of which are the property owners of this state.

“I just think in the spirit of transparency, and open government, these meetings — all their meetings — should be open. When Congressmen Burchett filed the bill, I wanted to give the legislature the opportunity to show their support with a resolution.”
[pdf-1]
When asked about the resolution Tuesday, TVA spokesman Scott Brooks said, “TVA is a federal agency and follows direction and guidance provided by Congress.”

Brooks also gave a list of details ”about our current efforts to remain open and transparent.” Here it is:

• TVA is one of very few government agencies that file detailed financial reports with the Securities and Exchange Commission (SEC).

• Significant decisions are preceded by various assessments according to the National Environmental Policy Act, which include public comment periods.
[pullquote-1] • TVA routinely posts detailed information through public channels, including public meetings, webcasts, our website and social media.

• TVA responds thoughtfully to FOIA (Freedom of Information Act) requests that come in from members of the public.

• TVA board meetings have been, and remain, open to the public.

• Board meetings are streamed live on TVA’s website and videos are available for viewing after each meeting.

• The board hosts public listening sessions prior to each board meeting.

• TVA Board committee meetings are not decision-making meetings and a quorum of board directors is not present.

• Confidential and sensitive information is shared in committee meetings to allow directors to provide better oversight.

• Committee meetings are often held in TVA operation areas that contain unique safety and security considerations.

When Burchett filed the bill in January he said, “I had a good, informative meeting with (former) TVA CEO Bill Johnson this week, and while I understand that TVA has reasons for not wanting to open all meetings to the public, as an entity created and protected by Congress, the public deserves to know the Authority’s business is as open and transparent as possible.”
[pullquote-2] Lindsay Pace, Tennessee regional organizer on the Renew TN campaign, wrote Monday that TVA’s board meetings are “highly scripted” with ”the real discussion between board members happening behind closed doors in committee meetings.” But the lack of transparency does not end there, Pace wrote on the blog for the Southern Alliance for Clean Energy (SACE). 
SACE

Cynthia Brown delivers public comments at one of the last TVA board meetings in which public comment was allowed to happen the same day as the board meeting. The public is no longer allowed to provide comment during the actual TVA board meetings.

“Currently, there are very few opportunities for the public to engage with TVA and what little interaction the public had has severely diminished with the change in structure to the board meetings,” Pace wrote. “Last fall, TVA made the decision to split the public listening session from the board meetings, with the listening session now being held the day prior to the board meeting and not live streamed online like the rest of the board meeting.

“Both the listening session and board meeting are held during typical workday hours, which has resulted in forcing many of those who want to attend to choose between the two, since taking consecutive days off work is not feasible for the majority of working people.”

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Lawmakers Hit, Missed, Delayed Bills on Open Government This Year

Several bills before the Tennessee General Assembly were aimed at government transparency this year. Some hit. Some missed. One was sent out for some of that famous “summer study.”

All of this information comes from the Tennessee Coalition for Open Government (TCOG), a group that (you guessed it) advocates for government transparency here. A recent roundup of bills found moves on “harassing” records requesters, economic development deals, and 911 calls.

“Harassment”

A bill was delayed this year that would have stopped records requesters from making further requests if a judge found the requests made a records custodian “be seriously abused, intimidated, threatened, or harassed.”

The bills’ sponsors, Rep. William Lamberth (R-Portland) and Sen. Ferrell Haile (R-Gallatin) said the bill was filed at the request of city of Gallatin. Officials there said they’d been overwhelmed by requests from one requester.

An amendment to the bill gave a pass to journalists as requests for the purposes of broadcasting, publishing, or distributing information to others could not constitute harassment.

The sponsors delayed the bill until 2020.

No Deal (Information)

Economic development trumps transparency in Tennessee, according to a report in MuckRock.

Lawmakers shot down a bill that would have made public more information about government-led economic development deals.

From the story written by Kent Hoover:

“Under current law, economic development officials disclose information about grants awarded to companies who open corporate headquarters, manufacturing plants, data centers, or select other facilities in the state.

But they don’t disclose who gets the millions of dollars in tax credits the state offers these companies, nor what the state gets in return for these investments in terms of new jobs and capital expenditures. Tax information about specific companies is confidential under state law.”

A bill would have made public what companies got tax breaks, where they are located, how many jobs they create, and how much money they spend on machinery and other capital investments.

The bill was spurred by Gov. Bill Lee’s call for more transparency in government, according to the story. But it met push back from economic development officials who said the bills would make Tennessee less competitive for deals.

911

Lawmakers wanted to make 911 calls and transmission confidential, but the bill was pulled as the sponsor wanted more time to study the issue over the issue.

The bill would have made calls open only to law enforcement, courts, and other governmental agencies.

The Tennessee Press Association and Tennessee Association of Broadcasters lobbied against the bill, pointing out that access to 911 calls have led to numerous news stories uncovering problems within the 911 system.