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BugMeNot.com - Tell everyone you know. Because Common sense isn't.
For OakRidger.com,
for KnoxNews.com.
How are the finances at TVA's Wind
Power Plant?
Is it making money?
TVA won't say
January 5, 2003
The following information
was requested under the
Freedom of Information Act on April 7, 2002.
Revenue and expense data for the wind
power plant, from construction to current date.
The following response was released by TVA on December 2, 2002.
It was a flat refusal to provide the requested information.
"We are withholding this information
pursuant to the Government confidential commercial privilege
incorporated within exemption 5 of the FOIA. We do not publish revenue
and expense information at the plant level because public disclosure of
this information would place TVA at a competitive disadvantage in the
marketplace."
TVA apparently refers to the following portion of
18CFR §
1301.7(a):
(5) Inter-agency or intra-agency memorandums or letters which would not
be available by law to a private party in litigation with TVA,
including without limitation records relating to control and accounting
for special nuclear material and to the physical security plans for the
protection of TVA’s nuclear facilities;
Interestingly (to the extent that the CFR can be interesting), there is a long
section of TVA's own regulations, § 1301.8 Business information,
which deals with disclosure of business information that is submitted to TVA. For such business
information a submitter must go to some lengths if they want to prevent
disclosure. In (f), the regulations state the following:
If a submitter has any objection to
disclosure, it is required to submit a detailed written
statement. The statement must specify
all grounds for withholding any portion of the information under
any exemption of the FOIA and, in the case of Exemption 4, it must show why the information is a trade
secret or commercial or financial information that is privileged or
confidential.
When it comes to TVA's "Government confidential commercial privilege,"
apparently TVA still acts with the equivalent of the Divine Rights of
Kings. TVA simply states that the information is privileged, and
it is. TVA is not required to defend why?
The notion that disclosure of this information could make the slightest
"competitive" difference to TVA is ridiculous.
What is TVA hiding?
| Quote of the moment |
| Blessings are not enough. Blessings must come from within. Without your own effort, it is impossible for blessings to come. |
| ~ The Path to Tranquility, August 30, 14th Dalai Lama
~ |
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BugMeNot.com - Tell everyone you know. Because Common sense isn't.
For OakRidger.com,
for KnoxNews.com.
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Disclaimer Fine Print: This site is personal, and is independent
of TVA or any other organization. Use of the abbreviation "TVA" is
purely for descriptive purposes (for example, to distinguish from
wind power plants on Buffalo Ridge in Minnesota). No
endorsement, no approval, and no involvement by TVA
is implied.
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