NES Representation Bill Fails in House Committee, Effort Could be Revived This Session

A bill to give Williamson County and other municipalities representation on the Nashville Electric board failed to advance in a House committee this week.

But the legislation’s Senate sponsor, Senate Majority Leader Jack Johnson (R-Franklin), says the effort could be revived this session.

An amended version of House Bill 2418, sponsored by Rep. Clark Boyd (R-Lebanon), failed in Wednesday’s House State and Local Government Committee in a 9-9 vote, with three members participating as present not voting.

The bill would have allowed counties with more than 3,500 ratepayers who are part of a municipally owned local power company, but don’t reside in that municipality, to have a seat on the company’s board. The county mayor would appoint the member through county commission approval. That is, if the county mayor chooses to appoint a representative.

NES services 10,866 customers in Williamson County, which makes up portions of Brentwood.

The Williamson County Commission and Brentwood City Commission both passed resolutions this month seeking representation, as the City of Brentwood reports that it collected more than 

323,000 cubic yards of storm debris. Much of that was tree limbs, which were transported and ground into mulch in a week-long operation that closed Granny White Park.

The debate centered on concerns about the balance of power and representation on an expanded board, and the potential impact on other municipal electric services across Tennessee, including in Dickson and Chattanooga, with Democrat Vincent Dixie (D-Nashville) warning of a “tremendous shock wave” if the bill were to have passed.

“Do you know if those new board members would be able to email the CEO and get preferential treatment?” Rep. Jason Powell (D-Nashville) asked during the committee hearing, a witty reference to reporting by the Williamson Scene sister-publication, Nashville Scene. That story revealed that Brentwood resident, Senator and Republican gubernatorial candidate Marsha Blackburn coordinated with NES CEO Teresa Broyles-Aplin for special treatment during the historic Ice Storm Fern.

The committee includes two Williamson County representatives — Jake McCalmon (R-Franklin), who voted in favor of the bill, and Todd Warner (R-Chapel Hill), whose district covers a small portion of southern Williamson County and was absent from the meeting. Committee Chair Rep. John Crawford (R-Bristol/Kingsport), Rep. Dennis Powers (R-Jacksboro) and Rep. Iris Rudder (R-Winchester) voted present-not voting.

“While the NES legislation did not advance out of committee in the House this week, the issue to improve composition of the NES board representation is far from resolved,” Johnson said in a statement to the Williamson Scene, adding that he had the votes to pass the Senate version through the Senate State and Local Government where it was scheduled to also be heard on Wednesday.

“There are still multiple legislative pathways available this session to ensure customers in Williamson and other counties served by NES outside of Davidson County have a stronger voice moving forward,” he continued, which he said could be done by way of a caption bill. 

Boyd could not immediately be reached for comment, but a representative in his office said that HB2418 is dead. However, the effort to secure board representation is clearly still a focus of Republican House and Senate leadership. 

“The failures exposed during the recent storm response were unacceptable,” Johnson said. “Speaker Sexton and I remain committed to working with our colleagues in the General Assembly to ensure ratepayers in these communities have representation to ensure accountability, transparency, and reliable communication from their utility provider.”