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Public outcry and questions after health department says XAI turbine permit decision likely weeks away
Summary
At a large public hearing, the Shelby County Health Department said the 30-day comment period for XAI's air-permit application closed and staff were reviewing hundreds of comments; a permit decision is expected only in 'weeks.' Public speakers alleged as many as 33 turbines were operating without appropriate permits and urged the commission to press TVA and MLGW for action.
The Shelby County Health Department told commissioners at a committee hearing that the public-comment period tied to XAI's air-permit application closed and staff must respond before any permit decision — a process the deputy director said could take weeks. Casey Smith Alexander, deputy director for the Shelby County Health Department, said staff received hundreds of comments and were "actively working on the comments." "Right now, today is the last day for the commenting period," Smith Alexander said; "Once this closes, then we have an obligation to respond to the comments... so it will be probably weeks out."
The item drew an unusually large public presence and sustained questioning from commissioners. Multiple speakers alleged XAI operated more turbines than had been publicly disclosed; one presenter summarized external thermal imaging that "discovered that... there are 33 turbines in operation," and numerous residents urged immediate enforcement. Commissioners pressed whether the department has authority or tools — civil penalties, injunctions or inspections — to limit operation before permitting, and County Attorney Megan Smith said the commission's direct regulatory authority over TVA and MLGW is limited but that the health department enforces local permits and can pursue regulatory remedies if permit conditions are violated.
Several commissioners asked the health department and county attorney to provide written legal opinions and operational analyses within days so the commission can consider whether additional resolutions or requests to the city council (which oversees MLGW) and state utilities are warranted. The committee amended the schedule to require monthly updates on the matter going forward.
