EPB files motion to dismiss whistleblower lawsuit

photo Don Lepard

EPB has filed a motion to dismiss the whistleblower lawsuit filed by former city lighting contractor Don Lepard, who made complaints on behalf of the cities of Chattanooga, East Ridge and Red Bank.

Lepard accused the utility of overbilling taxpayers by millions of dollars over the last 20 years, charging city governments for streetlights that either didn't exist or were misclassified.

In its response, the city-owned utility called Lepard a "disgruntled vendor, who is improperly seeking to use a legally-defective False Claims Act suit to strike out at EPB, which he blames for the City's decision not to purchase thousands of additional street lights from Plaintiff's company."

EPB previously has denied Lepard's claims, until Oct. 1 when the utility admitted publicly that it had overbilled taxpayers, as Lepard has long charged.

But the utility downplayed the extent of its overbilling, citing several disputed recommendations from its regulator, TVA, that suggested EPB bill more for its streetlights.

Lepard is seeking treble damages from EPB, though the cities of Chattanooga, East Ridge and Red Bank elected not to take the lead in the case. Rather, Lepard will foot the legal bills if the lawsuit proceeds.

Read more in tomorrow's Times Free Press.

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