An agency accused in a Kingston coal ash avalanche insisted Tuesday it is facing another catastrophe -- a crash of its voice-mail system. "This is a situation where the cost of preserving voice mails … is horrible for TVA because it threatens to bring down these five (voice-mail) systems," attorney Amor A. Esteban argued at a hearing before U.S. Magistrate Judge Bruce Guyton on Tuesday. "The likelihood of finding something that is relevant, that's unique, compared to the cost of bringing down the system is unfair."

Attorney Elizabeth Alexander argued the agency should have been safeguarding potential evidence from the moment tons of coal fly ash spilled onto hundreds of acres of Roane County property on Dec. 22. "From the get-go it appears TVA wasn't complying with its duty to preserve evidence," Alexander said. "We have tried to work with TVA to get them to provide information to us. We don't expect them to preserve all voice mails but we asked them for an organization chart (to determine possible) custodians (of relevant voice mail). TVA has refused to provide us with an organizational chart."

Learn more about the Kingston coal ash spill and the rights of victims.