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Tennessee board defers decision on Grundy County’s Caverns wastewater plan amid missing contracts and rush to spend ARP funds

Tennessee Board of Utility Regulation · June 11, 2026
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Summary

Grundy County sought a five‑year carve-out to defer depreciation and other relief for a sewer extension to the Caverns funded by ARP dollars. Board members pressed for signed agreements, cost studies and a binding commitment of hotel‑motel tax revenue and voted to defer action until September pending the requested documentation.

Grundy County officials asked the Tennessee Board of Utility Regulation on Wednesday to allow the county to proceed with a state‑funded wastewater extension to the Caverns and to defer enforcement action on depreciation while the project ramps up.

County Mayor Michael Brady told the board the project is intended to spur economic development in one of the state’s poorer counties. “One of the things that we’ve really tried to do for our community is to bring economic development up to the county,” Brady said, describing the Caverns as a growing destination with plans for a hotel and other commercial customers.

But board members repeatedly pressed the county for documentation they said was missing from the packet: a signed contract or enforceable agreement from the Caverns, a cost‑of‑service/rate study and clear commitments on who will cover deferred depreciation if the tourism revenues do not materialize.

“I feel like we’re being asked to evaluate and approve something with absolutely no facts,” said board member Mr. Giles, summarizing a wider concern that the board would be asked to allow a long period of operating below cost without adequate safeguards.

Staff outlined a framework the board uses in high‑growth cases: it can permit a utility to operate in the red for a limited time if there is a credible plan showing how the additional customers and fees will cover costs over time. Staff also told the board it can require accelerated reporting (quarterly or semi‑annual) while a project is underway. “If we get an audit from them, it’s just already so late. So, I would recommend accelerated reporting to us,” staff explained.

County consultants and supporters said the project is time‑sensitive because the county’s ARP funding has deadlines. Nathaniel Green, who has worked with the county on the state strategic ARP grant, told the board the county wanted to provide updates now and to return in September with the full documentation the board requested. “This is more for information and giving updates and then you’ll have additional information at the September meeting,” Nathaniel Green said.

After extensive questioning, the board voted to defer action. The motion to postpone formal approval until the September meeting — and to require the county to submit a cost‑of‑service study, signed agreements (including how hotel‑motel tax revenue would be pledged to offset depreciation), an asset management plan and an accelerated reporting schedule — passed with one recorded opposition.

What’s next: Grundy County must supply the documentation the board described. Staff recommended and the board accepted a plan for the county to return in September with the missing contracts, completed cost‑of‑service analysis and proposed reporting cadence. The board noted that if the county begins to burn cash and misses the plan’s milestones, the board could revisit enforcement actions earlier.