ELR Citation: 53 ELR 20021
No(s). 2:20-cv-02615-TLP-atc (W.D. Tenn. Feb 1, 2023) (Parker, J.)

A district court granted summary judgment for the Tennessee Valley Authority (TVA) in a challenge to its long-term contracts with local power companies. Conservation groups argued that the 20-year contracts, which contained automatic renewal provisions and flexibility provisions allowing the companies to "self-generate" a small percentage of their energy to provide "enhanced power supply flexibility," violated the TVA Act, and that TVA failed to perform the required NEPA review before adopting and executing the contracts. The court found the groups lacked standing to bring their TVA Act claim, and that TVA's decisions not to perform an EIS prior to adopting the long-term provisions and to belatedly perform an EA on the flexibility provisions after adopting them were reasonable under NEPA. It granted summary judgment for TVA.