In a landmark transparency case, University of Tennessee professor and journalist Melanie Faizer has filed a lawsuit against the Tennessee Valley Authority (TVA), accusing the federal agency of violating the Freedom of Information Act (FOIA). Faizer is seeking to uncover records on economic incentives provided to cryptocurrency miners operating in East Tennessee, particularly details of TVA’s support for crypto mining firm Bitdeer.
Faizer, previously the interim news director for UT’s NPR affiliate station WUOT, initially requested the documents in April 2023. Her investigation focused on cryptocurrency mining operations, known for their immense energy demands and minimal job creation. As she reported, “Digital currencies like Bitcoin must be ‘mined’ by a large network of computers that solve complex calculations to create coins and verify transactions.” These mining facilities have increasingly appeared across East Tennessee, attracted by the region’s low-cost electricity and lenient zoning rules. However, they have generated noise and garnered criticism from residents.
In her reporting, Faizer sought transparency regarding the incentives TVA granted Bitdeer to establish a mining operation at 5101 S. National Drive in East Knoxville in 2018. According to her report, Bitdeer consumed an estimated 9.4% of Knoxville Utilities Board’s power in 2023 while only employing 30 people. Faizer’s investigation, published by WUOT in February, lacked key details on the incentive package TVA offered Bitdeer due to the agency’s limited disclosure.
For nearly a year, Faizer attempted to access the information, appealing the redactions in the provided documents. Ultimately, she filed a lawsuit in April, represented by attorney Paul McAdoo from the Reporters Committee for Freedom of the Press. The suit, filed in the U.S. District Court for the Eastern District of Tennessee, alleges that TVA has violated federal law by maintaining “pervasive secrecy” around its economic incentive practices.
TVA defended its decision to withhold information, citing competitive concerns and the privacy rights of Bitdeer employees. The lawsuit challenges these exemptions, arguing that the public has a right to understand how TVA uses public resources to attract companies.
In July, Bitdeer intervened, arguing that TVA alone could not adequately protect its interests in court. McAdoo countered, stating Bitdeer’s involvement would “unduly delay and prejudice” Faizer’s case. This legal conflict follows McAdoo’s recent FOIA lawsuit success, where he represented Memphis journalist Marc Perrusquia, compelling TVA to release the salaries of four regional vice presidents in 2023.
Faizer and McAdoo declined to comment on the ongoing proceedings. The trial is slated for November 2025, though many FOIA cases, according to the Justice Department, resolve through summary judgment without a full trial.
In response, TVA spokesperson Scott Fiedler emphasized the agency’s commitment to transparency. “TVA is a transparent organization, and we strictly adhere to FOIA guidelines to share information and keep the public informed about our actions,” he said, though he withheld further comment on the pending litigation.
TVA has a history of FOIA requests and lawsuits, given its status as one of the few utilities subject to FOIA. Records show that between October 2022 and September 2023, TVA processed 177 records requests, of which eight were denied. Legal battles over FOIA are familiar territory for the nation’s largest public power provider, which serves roughly 10 million customers across Tennessee and parts of six neighboring states. The agency has faced 11 FOIA lawsuits since 2019, including five filed this year, marking a recent high in records-related litigation. TVA’s latest fiscal report noted $123,498 in FOIA-related legal expenses.
Federal law allows agencies nine exemptions to deny records requests, with TVA most often citing trade secrets, privacy, and legal privilege—reasons also central to Faizer’s case.
Meanwhile, environmental advocacy groups have likewise sued TVA for records, claiming insufficient transparency around its natural gas expansion projects. The Southern Environmental Law Center, representing groups such as Appalachian Voices, has filed four FOIA lawsuits seeking documents related to TVA’s gas plant plans. These cases focus on TVA’s agreements with pipeline companies and its studies on the proposed developments.
Trey Bussey, a staff attorney with the Southern Environmental Law Center, noted that information on TVA’s energy decisions is critical for public awareness. “Unfortunately, we have had to sue to get these documents to make them available to people throughout the Valley so we can understand these important decisions that affect everybody,” he told Knox News. “This sort of information should be public from the start.”
Faizer’s lawsuit highlights ongoing concerns over transparency at TVA, a utility long scrutinized for its economic and environmental decisions impacting millions across the southeastern United States.
