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Common sense isn't.

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 We do not publish revenue and expense information at the plant level because public disclosure of this information would place TVA at a competitive disadvantage in the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?



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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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