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By DAMON LAWRENCE
TVA’s attempt to prevent Tom Kilgore from being deposed was unsuccessful.
In a ruling handed down Thursday, U.S. Magistrate Bruce Guyton ruled that plaintiffs suing TVA over the fly ash catastrophe can depose Kilgore, the agency’s president and CEO.
“The plaintiffs may take Mr. Kilgore’s deposition when they so choose, so long as they confer in good faith with TVA’s counsel regarding availability,” Guyton wrote in his order. “The parties shall also confer in good faith regarding the length of Mr. Kilgore’s deposition.”
Dozens of lawsuits have been filed against TVA over the Dec. 22, 2008, disaster at the Kingston Fossil Plant. A dike failure released more than 5 million cubic yards of fly ash.
TVA argued that Kilgore did not have unique personal knowledge of the events.
“The court finds that Mr. Kilgore does have unique personal knowledge of the events and relevant matters in this case,” Guyton determined.