reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 25 - RURAL ELECTRIC AND COMMUNITY SERVICES COOPERATIVES (§§ 65-25-101 — 65-25-135) › Section 65-25-124 - Securities act exemption

Title 48, chapter 16 shall not apply to any note, bond, or other evidence of indebtedness issued by any cooperative or foreign corporation transacting business in this state pursuant to this chapter, to the United States or any agency or instrumentality thereof, or to any mortgage or deed of trust executed to secure the same. These sections, as amended, shall not apply to the issuance of membership certificates by any cooperative or any such foreign corporation.
Acts 1988, ch. 689, § 2; T.C.A. §
65-25-224
.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 25 - RURAL ELECTRIC AND COMMUNITY SERVICES COOPERATIVES (§§ 65-25-101 — 65-25-135) › Section 65-25-126 - Construction of chapter

This chapter shall be construed liberally. The enumeration of any object, purpose, power, manner, method, or thing shall not be deemed to exclude like or similar objects, purposes, powers, manner, methods, or things. Notwithstanding the foregoing or any other provisions in this chapter to the contrary, this chapter shall not be construed to affect the powers conferred or the limitations imposed upon annexing municipalities and electric cooperatives in §
6-51-112
; nor shall this chapter be construed to affect or restrict the services or activities provided or performed by a microwave system authorized and licensed by the federal communications commission on April 7, 1988.
Acts 1988, ch. 689, § 2; T.C.A. §
65-25-226
.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 25 - RURAL ELECTRIC AND COMMUNITY SERVICES COOPERATIVES (§§ 65-25-101 — 65-25-135) › Section 65-25-128 - Reserved

Repealed by 2019 Tenn. Acts, ch. 174, s 1, eff. 4/23/2019.
Acts 1988, ch. 689, § 2; 1992, ch. 714, § 1; T.C.A. §
65-25-228
.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 25 - RURAL ELECTRIC AND COMMUNITY SERVICES COOPERATIVES (§§ 65-25-101 — 65-25-135) › Section 65-25-129 - Exemption for utility districts

Notwithstanding any provision contained in this chapter to the contrary, it is the specific intent of this chapter that all utility districts heretofore or hereafter created under the "Utility District Law of 1937," compiled in title 7, chapter 82, or any similar legislation, shall be specifically exempt from this chapter.
Acts 1988, ch. 689, § 3; T.C.A. §
65-25-229
.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 25 - RURAL ELECTRIC AND COMMUNITY SERVICES COOPERATIVES (§§ 65-25-101 — 65-25-135) › Section 65-25-132 - Joint ventures subject to excise and franchise taxes

Each joint venture created pursuant to §
65-25-105
or §
65-25-131
in which one (1) or more of the owners of the joint venture is an entity subject to the taxes imposed by title 67, chapter 4, parts 20 and 21 shall itself be subject to and shall pay the taxes required by title 67, chapter 4, parts 20 and 21, or any tax imposed in place thereof.
Acts 1999, ch. 430, § 7; T.C.A. §
65-25-232
.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 25 - RURAL ELECTRIC AND COMMUNITY SERVICES COOPERATIVES (§§ 65-25-101 — 65-25-135) › Section 65-25-133 - Joint ventures to provide alarm services not authorized

Nothing in chapter 430 of the Public Acts of 1999, shall be construed to allow an electric cooperative or a joint venture in which an electric cooperative is a member to engage in the business of providing alarm systems, as defined in title 62, chapter 32, part 3.
Acts 1999, ch. 430, § 8; T.C.A. §
65-25-233
.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 25 - RURAL ELECTRIC AND COMMUNITY SERVICES COOPERATIVES (§§ 65-25-101 — 65-25-135) › Section 65-25-135 - Retail sales and distribution of liquefied petroleum gas

(a)
Notwithstanding any other law to the contrary, an electric cooperative may enter into or remain in the retail sales and distribution of liquefied petroleum gas (propane) and the services related to such business, including, but not limited to, the design, sale, distribution, lease, rental, installation, construction, modernization, retrofit, maintenance or repair of propane gas-related systems, propane gas products or propane gas equipment; provided, however, that such sales, distribution and services must be provided by a for-profit entity which, for purposes of this section shall mean a corporation, a limited liability company, a limited partnership, or a limited liability partnership.
(b)
The for-profit entity must maintain separate financial records. The cost of all equipment, assets, and services utilized by the for-profit entity in the sale and distribution of propane shall be fairly allocated to the for-profit entity; provided, however, that any equipment or assets utilized solely by the for-profit entity for the sale and distribution of propane shall be leased or purchased by the for-profit entity. There shall be no loans or grants to the for-profit entity from an electric cooperative unless such loans and grants shall be repaid together with fair market rate interest charges by the for-profit entity. The for-profit entity shall be liable for taxes, both state and federal, if applicable. All costs of doing business shall be borne by the for-profit entity.
(c)
Any person who has been damaged as a result of a violation of this section may bring an action to enjoin and restrain any violation of subsections (a) and (b) and may in the same action seek damages in a court of competent jurisdiction against the for-profit entity. Available relief shall include, but not be limited to, monetary damages and injunctive relief.
(d)
This section shall not apply to the sale and distribution of propane in relation to or for use in fuel cell or other power generation devices.
Acts 2002, ch. 721, §§ 1 - 4; T.C.A. §
65-25-235
.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 26 - GAS COMPANIES (§§ 65-26-101 — 65-26-105) › Section 65-26-101 - Power to lay pipes and conductors

To enable gas companies to establish such works, they are empowered to lay pipes and extend conductors through the streets, lanes, and alleys of any town, city, or village, in such manner, however, as to produce the least possible inconvenience to the town, city, or village, or its inhabitants, or to travelers, and to take up pavements and sidewalks; provided, that they shall repair the same with the least possible delay, and a city, county, or metropolitan government shall not require the repair of pavement or sidewalk in excess of two hundred percent (200%) of the surface area disturbed during the inspection, installation, or connection. to such pipes or natural gas mains or conductors; and provided further, that no one of the streets or alleys shall be entered upon or used by any corporation for laying pipes and conductors, or otherwise, until the consent of the municipal authorities shall have been obtained, and an ordinance shall have been passed prescribing the terms on which the same may be done.
Amended by 2024 Tenn. Acts, ch. 662,s 1, eff. 4/9/2024.
Acts 1875, ch. 142, § 25; 1887, ch. 176, §§ 1, 2; Shan., §2208; mod. Code 1932, § 3960; T.C.A. (orig. ed.), § 65-2601.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 26 - GAS COMPANIES (§§ 65-26-101 — 65-26-105) › Section 65-26-102 - Sale of gas

The corporation is authorized to charge a reasonable price for gas, not higher than the price allowed by existing charters to gas companies heretofore chartered in this state; provided, that the corporation shall never charge more than one cent (1¢) per every cubic foot of gas used, as may be indicated by the gas meter or computed by the ordinary rules in such cases; nor shall it at any time charge the authorities of the town, city, or village more per cubic foot than it is charging the inhabitants of such town, city or village at that time.
Acts 1875, ch. 142, § 25; Shan., § 2209; mod. Code 1932, § 3961; T.C.A. (orig. ed.), § 65-2602.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 26 - GAS COMPANIES (§§ 65-26-101 — 65-26-105) › Section 65-26-103 - Restrictions against nuisances

The works and operations of the company shall be so constructed and managed that no annoyance shall accrue therefrom to the health and comfort of the inhabitants of the town; and nothing in this chapter shall be so construed as to absolve the company, its officers or agents, from any legal proceedings to restrain or abate any nuisance arising from such works or operations.
Acts 1875, ch. 142, § 25; Shan., § 2210; Code 1932, § 3962; T.C.A. (orig. ed.), § 65-2603.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 26 - GAS COMPANIES (§§ 65-26-101 — 65-26-105) › Section 65-26-104 - Damage or tampering with company property

If any person shall injure or destroy any portion of the gas fixtures, or other property belonging to the company, or shall willfully open a communication into the street or other gas pipes, or let on gas after it has been stopped by the company, such person shall be liable for all damages sustained by such proceeding, and also to a penalty not exceeding five hundred dollars ($500), upon conviction before any court having jurisdiction of the offense.
Acts 1875, ch. 142, § 25; Shan., § 2211; Code 1932, § 3963; T.C.A. (orig. ed.), § 65-2604.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 26 - GAS COMPANIES (§§ 65-26-101 — 65-26-105) › Section 65-26-105 - Condemnation

The corporation shall have the power of condemnation granted to electric companies in §
65-22-101
.
Code 1932, § 3964; T.C.A. (orig. ed.), § 65-2605.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 27 - WATER AND WATERWORKS COMPANIES (§§ 65-27-101 — 65-27-109) › Section 65-27-101 - Power of condemnation

(a)
Any water company is empowered to acquire, by purchase, condemnation, or other proper method, the right to use and divert the water flowing and running into any stream or watercourse which may be necessary to the exercise of any of the powers of a public or quasi public character granted to the corporation; and whenever it shall be necessary so to divert the water from any such stream or watercourse, the corporation shall have the right to have the water to be so diverted and the land so to be used, over which it shall be conducted, condemned, and the value thereof assessed in the manner provided in title 29, chapter 16; and it may in like manner take such land, water, and riparian rights, and such rights-of-way as may be necessary for establishing and maintaining its power houses, canals, flumes, conduits, pipelines, ponds, dams, reservoirs, and other works, and the rights-of-way to any and all lands between its ponds, dams, and reservoirs and power houses, and the cities, towns, and villages and other points at which its water may be transmitted, consumed, or disposed of as may be necessary to place its conductors, canals, flumes, pipelines, either above or underground, and may at any time enter thereon and repair same, or when deemed advisable, to place additional equipment, appliances, or appurtenances; but, in all cases, such act shall be done in such manner and with such haste as to do as little injury to private property as possible.
(b)
Any exercise of the powers granted under this section is subject to and shall not conflict with the Water Quality Control Act, compiled in [former] title 69, chapter 3, part 2 [repealed], or the Inter-basin Water Transfer Act, compiled in title 69, ch. 7, part 2 and the regulations thereunder.
Acts 1909, ch. 127, § 5; Shan., § 2489a5; mod. Code 1932, §4067; T.C.A. (orig. ed.), § 65-2701; Acts 2000, ch. 854, § 11.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 27 - WATER AND WATERWORKS COMPANIES (§§ 65-27-101 — 65-27-109) › Section 65-27-102 - Companies contracting to supply water to charitable institutions

Water companies incorporated under the laws of this state which have or may have contracts to supply with waters, state or national homes for disabled soldiers, insane asylums, state or national schools for the correction and reformation of juvenile criminals, or any like institution of public charity, are empowered to condemn springs, creeks, and waters, and the riparian rights of lower owners for the purpose of furnishing such water supply. Such uses of waters for the objects here enumerated are each declared a public use.
Acts 1903, ch. 134, § 1; Shan., § 2506a 1; Code 1932, § 4072; T.C.A. (orig. ed.), § 65-2702.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 27 - WATER AND WATERWORKS COMPANIES (§§ 65-27-101 — 65-27-109) › Section 65-27-103 - Compensation to owners for property condemned

Such water company so condemning the water or riparian rights shall make compensation to the owners thereof for such water or rights as may be condemned and the compensation shall be paid by the water company.
Acts 1903, ch. 134, § 2; Shan., § 2506a2; Code 1932, § 4073; T.C.A. (orig. ed.), § 65-2703.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 27 - WATER AND WATERWORKS COMPANIES (§§ 65-27-101 — 65-27-109) › Section 65-27-104 - Bond by water company pending assessment of damages

Pending the assessment of damages and any litigation in regard thereto, the water company may give bond with good and solvent securities, payable to the owner or owners of the water or rights, to promptly pay to the owner any amount of damages which may be assessed by the jury as provided for in §
65-27-101
, and upon executing and filing such bond may thereupon take the water or waters.
Acts 1903, ch. 134, § 4; Shan., § 2506a4; Code 1932, § 4074; T.C.A. (orig. ed.), § 65-2704.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 27 - WATER AND WATERWORKS COMPANIES (§§ 65-27-101 — 65-27-109) › Section 65-27-105 - Authority to lay pipes

To enable the corporation to establish its works, it is empowered to:
(1)
Lay down pipes through the streets, lanes, and alleys of the town, city, or village in such manner as to produce the least possible inconvenience to the town, city, or village, or to its inhabitants, or to travelers; and
(2)
Take up pavements and sidewalks;
provided, that it shall repair the same with the least possible delay.
Acts 1877, ch. 104, § 1; Shan., § 2492; Code 1932, § 4066; T.C.A. (orig. ed.), § 65-2705.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 27 - WATER AND WATERWORKS COMPANIES (§§ 65-27-101 — 65-27-109) › Section 65-27-106 - Extension and placement of conductors, pipelines, hydrants and fire plugs

Such corporation, after having first obtained permission from the governing authorities thereof, is invested with the privilege of extending and placing its conductors, pipes, and pipelines along, through, or upon all or any of the streets, lanes, and alleys of the cities, towns, and villages in which it may operate, and in, through, and along any and all of the roads, and public highways of the counties, and of erecting hydrants and fire plugs at suitable places along the streets, lanes, alleys, roads, and public highways for the purpose of supplying water to the inhabitants thereof for manufacturing, domestic, or sanitary or other purposes, and for such purposes it may make any and all necessary excavations in and along the same after first obtaining permission from the governing authorities of the incorporated cities, towns, and villages, and when outside of any incorporated towns, of the governing authority of the county in which same is located; but all excavations shall be made in such manner as to give the least inconvenience to the public, and shall be replaced with all possible speed by and at the expense of the corporation in as substantial manner as found before being excavated.
Acts 1909, ch. 127, § 3; Shan., § 2489a3; mod. Code 1932, §4068; T.C.A. (orig. ed.), § 65-2706.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 27 - WATER AND WATERWORKS COMPANIES (§§ 65-27-101 — 65-27-109) › Section 65-27-107 - Injury or destruction of company property or unauthorized connections

It is unlawful for any person to injure or destroy any of the pipes, fixtures, or other property of the company, or to turn on water, or to make any connection with the pipes, or other fixtures after the same has been shut off, stopped, or disconnected by the company.
Acts 1909, ch. 127, § 6; Shan., § 2489a6; Code 1932, § 4069; T.C.A. (orig. ed.), § 65-2707.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 27 - WATER AND WATERWORKS COMPANIES (§§ 65-27-101 — 65-27-109) › Section 65-27-108 - Use of company property without contract

It is also unlawful for any person to take or use any water, or other thing belonging to the company for any purpose without having previously contracted with the company therefor.
Acts 1909, ch. 127, § 6; Shan., § 2489a7; mod. Code 1932, §4070; T.C.A. (orig. ed.), § 65-2708.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 27 - WATER AND WATERWORKS COMPANIES (§§ 65-27-101 — 65-27-109) › Section 65-27-109 - Pollution of water or reservoir

It is also unlawful for any person to willfully corrupt or permit anything to run or fall into any stream or reservoir from which the corporation takes water for the purpose of supplying any city, town, or village, or the inhabitants thereof, which will corrupt the same or render it unpalatable, unwholesome, or unfit for use for any purpose for which it may be supplied, or to bathe in or lead any animal into the same.
Acts 1909, ch. 127, § 6; Shan., § 2489a8; Code 1932, § 4071; T.C.A. (orig. ed.), § 65-2709.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 28 - PIPELINE CORPORATIONS (§§ 65-28-101 — 65-28-208) › Part 1 - GENERAL PROVISIONS (§§ 65-28-101 — 65-28-111) › Section 65-28-101 - Right of condemnation

A pipeline corporation has the right, in pursuance of the general laws authorizing condemnation of private property for works of internal improvement, to appropriate as an easement or right-of-way of lands necessary for its pipelines; and also land, and rights in land for the development, construction and operation of underground storage reservoirs for natural gas; and also land for pump stations and terminal facilities over any land of any person or corporation through which a pipeline may be located; provided, that no one of the streets, alleys, squares or highways within the corporate limits of any municipality in the state shall be entered upon or used by any corporation for laying pipelines and conductors, or otherwise, until the consent of the municipal authorities shall have been obtained, and an ordinance shall have been passed prescribing the terms on which the same may be done.
Amended by 2017 Tenn. Acts, ch. 94,s 60, eff. 4/4/2017.
Acts 1919, ch. 98, § 3; Shan. Supp., § 2360a31/2; mod. Code 1932, § 3998; Acts 1961, ch. 242, § 1; 1963, ch. 249, § 1; T.C.A. (orig. ed.), § 65-2801.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 28 - PIPELINE CORPORATIONS (§§ 65-28-101 — 65-28-208) › Part 1 - GENERAL PROVISIONS (§§ 65-28-101 — 65-28-111) › Section 65-28-102 - Tolls or freight rates

A pipeline corporation has the right to exact and receive the same tolls or charges for the transportation of products as other common carriers.
Acts 1919, ch. 98, § 4; Shan. Supp., § 2360a4; Code 1932, § 3999; T.C.A. (orig. ed.), § 65-2802.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 28 - PIPELINE CORPORATIONS (§§ 65-28-101 — 65-28-208) › Part 1 - GENERAL PROVISIONS (§§ 65-28-101 — 65-28-111) › Section 65-28-104 - Gas pipeline systems - Definitions

As used in §§
65-28-104
- 65-28-111, unless the context otherwise requires:
(1)
"Commission" means the Tennessee public utility commission;
(2)
"Federal safety standards" means the minimum federal safety standards adopted by the United States department of transportation pursuant to the Natural Gas Pipeline Safety Act (
49 U.S.C. § 60101
et seq.) or any amendments thereto which may be adopted in the future;
(3)
"Gas" means natural gas, petroleum gas, flammable gas, or gas which is toxic or corrosive;
(4)
"Gas public utilities" means any person, firm, corporation or other legal entity of any kind engaged in the transportation of gas, and includes the state of Tennessee, every county in the state of Tennessee, every municipality in the state of Tennessee and every utility district created under title 7, chapter 82, which has not been certified with the department of transportation under the Natural Gas Pipeline Safety Act, every public body or corporation of whatever kind in the state of Tennessee, and every private or nonpublic entity, when engaged in the transportation of gas;
(5)
"Pipeline systems" means new and existing pipeline rights-of-way and any pipeline, equipment facility, and building, used by a public utility in the transportation and distribution of gas or the treatment of gas during the course of transportation and distribution, but "rights-of-way" as used in §§
65-28-104
- 65-28-111 does not authorize the commission to prescribe the location or routing of any pipeline facility; and
(6)
"Transportation of gas" means the gathering, transmission, and distribution of natural gas by pipeline, or its storage, and the transmission and distribution of all kinds of gas other than natural gas.
Acts 1970, ch. 558, § 1; 1973, ch. 217, § 1; T.C.A., § 65-2804; Acts 1995, ch. 305, § 36.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 28 - PIPELINE CORPORATIONS (§§ 65-28-101 — 65-28-208) › Part 1 - GENERAL PROVISIONS (§§ 65-28-101 — 65-28-111) › Section 65-28-105 - Safety standards

All pipeline systems used in this state shall be constructed, operated and maintained in such a manner as to at all times be in compliance with the defined minimum safety standards and amendments thereto, as well as such additions and amendments as may be ordered by the commission from time to time.
Acts 1970, ch. 558, § 2; T.C.A., § 65-2805; Acts 1995, ch. 305, § 36.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 28 - PIPELINE CORPORATIONS (§§ 65-28-101 — 65-28-208) › Part 1 - GENERAL PROVISIONS (§§ 65-28-101 — 65-28-111) › Section 65-28-106 - Powers and duties of commission

(a)
The commission has the right, power and authority to provide and make certifications, reports and information to the secretary of the United States department of transportation; to enter into agreements with the secretary to carry out the purposes of §§
65-28-104
- 65-28-111; to enforce safety standards in the state including enforcement of federal safety standards as permitted in the Natural Gas Pipeline Safety Act (
49 U.S.C. § 60101
et seq.); and to exercise regulatory jurisdiction over the safety of pipeline systems and transportation of gas in accordance with permission granted by the Natural Gas Pipeline Safety Act.
(b)
The commission has the right, power and authority to promulgate reasonable rules and regulations to ensure that each pipeline system is operating in compliance with the required safety standards and to enforce such compliance. It has the right, power and authority to require each public utility to make, maintain and file such books, papers, records and documents as the commission may deem necessary and to require that these books, papers, records and documents be made available to members of the commission and their employees upon request. Authorized representatives of the commission shall be authorized to inspect all pipeline systems, facilities and equipment and shall have the right of access and entry to all buildings and property owned, leased or operated by such systems.
(c)
The commission shall be authorized to employ such inspectors or other qualified employees as may be necessary to carry out §§
65-28-104
- 65-28-111.
Acts 1970, ch. 558, §§ 3, 4, 8; T.C.A., §§ 65-2806, 65-2807, 65-2811; Acts 1991, ch. 439, § 1; 1995, ch. 305, § 36.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 28 - PIPELINE CORPORATIONS (§§ 65-28-101 — 65-28-208) › Part 1 - GENERAL PROVISIONS (§§ 65-28-101 — 65-28-111) › Section 65-28-107 - Injunctions

Upon petition of the commission, the chancery court, sitting in equity, in any county in which a violation of §§
65-28-104
- 65-28-111 exists shall have jurisdiction to restrain such violation and to enforce compliance with the safety standards required by such sections.
Acts 1970, ch. 558, § 5; T.C.A., § 65-2808; Acts 1995, ch. 305, § 36.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 28 - PIPELINE CORPORATIONS (§§ 65-28-101 — 65-28-208) › Part 1 - GENERAL PROVISIONS (§§ 65-28-101 — 65-28-111) › Section 65-28-108 - Penalty provisions

(a)
Any person who violates §§
65-28-104
- 65-28-111, or of any regulation issued under such sections, is subject to a civil penalty not to exceed one hundred thousand dollars ($100,000) for each such violation for each day that such violation persists, except that the maximum civil penalty shall not exceed one million dollars ($1,000,000) for any continuing series of violations.
(b)
Any civil penalty may be compromised by the commission. In determining the amount of such penalty, or the amount agreed upon in compromise, the appropriateness of such penalty to the size of the business of the person charged, the gravity of the violation, and the good faith of the person charged in attempting to achieve compliance, after notification of a violation, shall be considered. The amount of such penalty, when finally determined, or the amount agreed upon in compromise, shall be paid within thirty (30) days after the determination to the commission, to be used for the purposes of §§
65-28-104
- 65-28-111; and, if not paid within such time, may be recovered in a civil action brought by the commission in the chancery court of any county in which a violation exists.
Amended by 2021 Tenn. Acts, ch. 307, s 11, eff. 7/1/2021.
Acts 1970, ch. 558, § 6; T.C.A., § 65-2809; Acts 1991, ch. 439, § 2; 1995, ch. 305, § 36.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 28 - PIPELINE CORPORATIONS (§§ 65-28-101 — 65-28-208) › Part 1 - GENERAL PROVISIONS (§§ 65-28-101 — 65-28-111) › Section 65-28-109 - Limit of commission's jurisdiction

Nothing in §§
65-28-104
- 65-28-111 shall be deemed to confer upon the commission any additional power and jurisdiction to supervise or regulate the rates, services, franchises or other matters pertaining to pipeline systems or transportation of gas except with respect to the enforcement of federal safety standards prescribed by the secretary of the United States department of transportation and such additions and amendments as ordered by the commission; nor shall anything in §§
65-28-104
- 65-28-111 be deemed to confer upon the commission any power to adopt or continue in force any standards for pipeline systems or transportation of gas, including carbon dioxide transported via interstate pipeline, subject to the jurisdiction of the federal power commission as prohibited in the Natural Gas Pipeline Safety Act (
49 U.S.C. § 60101
et seq.).
Acts 1970, ch. 558, § 7; T.C.A., § 65-2810; Acts 1995, ch. 305, § 36; 2010, ch. 846, § 1.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 28 - PIPELINE CORPORATIONS (§§ 65-28-101 — 65-28-208) › Part 1 - GENERAL PROVISIONS (§§ 65-28-101 — 65-28-111) › Section 65-28-111 - Default in payment of fees and penalties

The default in payment of fees and civil penalties, penalties therefor, suits for collection, counsel fees and liens for any fees and penalties in case of default in the payment of any such fee or part thereof, as provided for in this chapter, shall be governed by §§
65-4-308
and
65-4-309
.
Acts 1970, ch. 558, § 15; T.C.A., § 65-2818.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 28 - PIPELINE CORPORATIONS (§§ 65-28-101 — 65-28-208) › Part 2 - LANDFILL METHANE DEVELOPMENT ACT (§§ 65-28-201 — 65-28-208) › Section 65-28-202 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Landfill methane" means the methane gas constituent of naturally-occurring emissions in gaseous form emanating from any landfill, whether such landfill is in current operation accepting additional fill material or is closed and not accepting any additional fill material, and whether or not any such landfill has or is required to have any collection system for the collection of landfill gas, including the landfill methane component of landfill gas. "Landfill methane" means the methane component of landfill gas, both before and after such component may be extracted from the landfill gas, as the context may require; and
(2)
"Person" means any person, firm, corporation or other legal entity of any kind, including this state, every county in this state, and every municipality in this state.
Acts 2005, ch. 361, § 3.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 28 - PIPELINE CORPORATIONS (§§ 65-28-101 — 65-28-208) › Part 2 - LANDFILL METHANE DEVELOPMENT ACT (§§ 65-28-201 — 65-28-208) › Section 65-28-203 - Construction and operation of landfill methane facility

Any person, with the consent of the owner of any landfill where landfill methane may be produced, and in compliance with all applicable laws, may construct and operate a facility for extracting, purifying, dehydrating, or otherwise treating landfill methane, for the purpose of preparing such landfill methane for transportation and sale to any person for use as a substitute for natural gas. No person constructing or operating any such facility or transporting or selling any landfill methane produced or treated in any such facility to any other person shall be considered to be engaged in the retail distribution of natural gas to the maximum extent of operations, transportation, or sale of all landfill methane volumes produced, transported, and sold, wherever such volumes may be sold and delivered, and whether or not such landfill methane is combined or intermixed after production with natural gas for transportation or sale.
Acts 2005, ch. 361, § 4.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 28 - PIPELINE CORPORATIONS (§§ 65-28-101 — 65-28-208) › Part 2 - LANDFILL METHANE DEVELOPMENT ACT (§§ 65-28-201 — 65-28-208) › Section 65-28-204 - Certificate of public convenience and necessity not required - Economic regulation

No person desiring to construct or operate a facility for gathering, extracting, purifying, dehydrating, or otherwise treating landfill methane shall be required to obtain any certificate of public convenience and necessity for such construction or operation of such facility from the Tennessee public utility commission. Neither the rates and charges between the parties for construction and operation of any such facility, nor the sales price of any landfill methane produced or treated, shall be subject to economic regulation by the Tennessee public utility commission or any other agency of the state; provided, that the construction and operation of any facility for such operations shall be subject to all other applicable laws.
Acts 2005, ch. 361, § 5.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 28 - PIPELINE CORPORATIONS (§§ 65-28-101 — 65-28-208) › Part 2 - LANDFILL METHANE DEVELOPMENT ACT (§§ 65-28-201 — 65-28-208) › Section 65-28-205 - Rates and charges - Regulation

The rates and charges for transportation by pipeline of landfill methane, either alone or in combination with natural gas, and the construction of facilities for the transportation by pipeline of landfill methane, whether alone or in combination with natural gas, shall be subject to the jurisdiction of the Tennessee public utility commission to the same extent as the rates and charges, and the construction of facilities for, pipeline transportation of natural gas. No person that is exempt from regulation by the Tennessee public utility commission in the transportation of natural gas shall become subject to such regulation by operation of this section or the transportation by such person of landfill methane, either alone or in combination with natural gas. No person shall be required to transport landfill methane by pipeline in combination with natural gas, if the landfill methane tendered for transportation does not meet quality specifications reasonably required by such person for pipeline transportation of natural gas. The Tennessee public utility commission shall expedite the disposition of any proceeding brought concerning any rate, charge, or construction of facilities for transportation by pipeline of landfill methane.
Acts 2005, ch. 361, § 6.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 28 - PIPELINE CORPORATIONS (§§ 65-28-101 — 65-28-208) › Part 2 - LANDFILL METHANE DEVELOPMENT ACT (§§ 65-28-201 — 65-28-208) › Section 65-28-206 - Transportation of landfill methane

Notwithstanding any other law, landfill methane may be transported by any pipeline corporation located wholly in this state or otherwise subject to the regulatory jurisdiction of the Tennessee public utility commission, without regard to where the landfill methane may have been produced or extracted or is to be delivered within the state, and without regard to the size or classification or nature of any customer purchasing or receiving any landfill methane. Such transportation may be provided by an intrastate pipeline corporation by transporting landfill methane either alone or in combination with natural gas.
Acts 2005, ch. 361, § 7.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 28 - PIPELINE CORPORATIONS (§§ 65-28-101 — 65-28-208) › Part 2 - LANDFILL METHANE DEVELOPMENT ACT (§§ 65-28-201 — 65-28-208) › Section 65-28-207 - Natural gas local distribution system not required to transport landfill methane

Nothing in this part shall be interpreted to require any natural gas local distribution system to purchase or transport any landfill produced methane gas.
Acts 2005, ch. 361, § 8.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 28 - PIPELINE CORPORATIONS (§§ 65-28-101 — 65-28-208) › Part 2 - LANDFILL METHANE DEVELOPMENT ACT (§§ 65-28-201 — 65-28-208) › Section 65-28-208 - Addition of refined landfill methane into natural gas stream

The addition of refined landfill methane described in this part into any natural gas stream and the resulting use of the gas stream consisting in part of the refined landfill methane and in part of natural gas by any person purchasing or receiving the gas shall be considered for all purposes to be the use of natural gas within the meaning of any permit previously granted or granted in the future to the person by any agency of this state. It is expressly provided that this section does not authorize the use of raw, unprocessed or unrefined gas generated by decomposition at solid waste landfills to be sold or used as natural gas whether alone or in combination with natural gas. Any prohibition in any existing or future permit issued by this state applicable by its terms to the use of landfill gas shall be deemed to refer only to the use of the raw, unprocessed or unrefined gas generated by decomposition at solid waste landfills without treatment, refinement or purification as contemplated by this part; and any such prohibition applicable to landfill gas is expressly deemed to neither refer to nor prohibit the use of refined landfill methane as described in this part.
Acts 2009, ch. 73, § 1.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 29 - TELEPHONE COOPERATIVES (§§ 65-29-101 — 65-29-134) › Section 65-29-101 - Short title

This chapter may be cited as the "Telephone Cooperative Act."
Acts 1961, ch. 330, § 1; T.C.A., § 65-2901.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 29 - TELEPHONE COOPERATIVES (§§ 65-29-101 — 65-29-134) › Section 65-29-102 - Purpose of cooperatives - Nonprofit corporations

Cooperative, nonprofit, membership corporations may be organized under this chapter for the purpose of furnishing telephone service in rural areas to the widest practical number of users of such service; provided, that there shall be no duplication of service where reasonably adequate telephone service is available. Corporations organized under this chapter and corporations which become subject to this chapter in the manner provided in this chapter are referred to in this chapter as "cooperatives," and shall be deemed to be not-for-profit corporations.
Acts 1961, ch. 330, § 2; T.C.A., § 65-2902.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 29 - TELEPHONE COOPERATIVES (§§ 65-29-101 — 65-29-134) › Section 65-29-103 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"De novo" means anew, afresh and from the beginning;
(2)
"Member" means each incorporator of a cooperative and each person admitted to and retaining membership in the cooperative, and includes a husband and wife admitted to joint membership;
(3)
"Person" includes any natural person, firm, association, corporation, business trust, partnership, federal agency, state or political subdivision or agency thereof, or any body politic; and
(4)
"Telephone service" means any communication service whereby communication through the electric or electronic transmission of impulses by or through any media such as wireless technology, wires, cables, microwaves, radio waves, light waves or any combination of such media or any other future transmission technology which may become available to improve communication services, is the principal intended use thereof, and includes all telephone lines, facilities or systems used in the rendition of such service.
Acts 1961, ch. 330, § 3; T.C.A., § 65-2903; Acts 1999, ch. 307, § 1.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 29 - TELEPHONE COOPERATIVES (§§ 65-29-101 — 65-29-134) › Section 65-29-105 - Name - Conversion of existing corporations

(a)
The name of each cooperative shall include the words "telephone" and "cooperative," and the abbreviation "Inc."; provided, that such limitation shall not apply if, in an affidavit made by the president or vice president of a cooperative and filed with the secretary of state, or in an affidavit made by a person signing articles of incorporation, consolidation, merger or conversion and filed, together with such articles, with the secretary of state, it shall appear that the cooperative desires to transact business in another state and is precluded therefrom by reason of its name; and provided further, that any corporation heretofore organized under § 4146 et seq. of the 1932 Tennessee Code, or such sections as from time to time amended, or § 48-1101, et seq., or amendments thereto, as such provisions existed prior to July 1, 1969, which may be converted into a cooperative and become subject to this chapter, as provided in §
65-29-117
, or any foreign corporation transacting business in this state pursuant to §
65-29-128
, may at its election retain the same corporate name which it has prior to such conversion or transaction of business.
(b)
The name of a cooperative shall distinguish it from the name of any other corporation organized under the laws of, or authorized to transact business in, this state. The words "telephone" and "cooperative" shall not both be used in the name of any corporation organized under the laws of, or authorized to transact business in, this state, except a cooperative or corporation transacting business in this state pursuant to this chapter.
Acts 1961, ch. 330, § 5; T.C.A., § 65-2905.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 29 - TELEPHONE COOPERATIVES (§§ 65-29-101 — 65-29-134) › Section 65-29-106 - Incorporators

Five (5) or more natural persons, or two (2) or more cooperatives, may organize a cooperative in the manner provided for in this chapter.
Acts 1961, ch. 330, § 6; T.C.A., § 65-2906.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 29 - TELEPHONE COOPERATIVES (§§ 65-29-101 — 65-29-134) › Section 65-29-107 - Articles of incorporation

(a)
The articles of incorporation of a cooperative shall recite in the caption that they are executed pursuant to this chapter, shall be signed and acknowledged by each of the incorporators, and shall state:
(1)
The name of the cooperative;
(2)
The address of its principal office;
(3)
The names and addresses of the incorporators;
(4)
The names and addresses of the persons who shall constitute its first board of directors; and
(5)
Any provisions not inconsistent with this chapter deemed necessary or advisable for the conduct of its business and affairs.
(b)
Such articles of incorporation shall be submitted to the secretary of state for filing as provided in this chapter.
(c)
It shall not be necessary to set forth in the articles of incorporation of a cooperative the purpose for which it is organized or any of the corporate powers vested in a cooperative under this chapter.
Acts 1961, ch. 330, § 7; T.C.A., § 65-2907.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 29 - TELEPHONE COOPERATIVES (§§ 65-29-101 — 65-29-134) › Section 65-29-108 - Bylaws

The board of directors shall adopt the first bylaws to be adopted following an incorporation, conversion, merger or consolidation. Thereafter, bylaws shall be adopted, amended, or repealed by its members, by the affirmative vote of a majority of those members voting thereon at a meeting of the members. The bylaws shall set forth the rights and duties of members and directors and may contain other provisions for the regulation and management of the affairs of the cooperative not inconsistent with this chapter or with its articles of incorporation.
Acts 1961, ch. 330, § 8; T.C.A., § 65-2908.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 29 - TELEPHONE COOPERATIVES (§§ 65-29-101 — 65-29-134) › Section 65-29-110 - Initiative by members

(a)
Notwithstanding any other provision of this chapter, any proposition embodied in a petition signed by not less than ten percent (10%) of all members of the cooperative, together with any document submitted with such petition to give effect to the proposition, shall be submitted to the members of a cooperative either at a special meeting of the members held within forty-five (45) days after the presentation of such petition to the board of directors, or, if the date of the next annual meeting of members falls within ninety (90) days after such presentation or if the petition so requests, at such annual meeting.
(b)
The approval of the board of directors shall not be required in respect of any proposition or document submitted to the members pursuant to this section and approved by them, but such proposition or document shall be subject to all other applicable provisions of this chapter.
(c)
Any affidavit or affidavits required to be filed with any such document pursuant to applicable provisions of this chapter shall, in such case, be modified to show compliance with this section.
Acts 1961, ch. 330, § 17; T.C.A., § 65-2910.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 29 - TELEPHONE COOPERATIVES (§§ 65-29-101 — 65-29-134) › Section 65-29-112 - Officers

The officers of a cooperative shall consist of a president, vice president, secretary, and treasurer, who shall be elected annually by and from the board of directors. No person shall continue to hold any of the above offices after having ceased to be a director. The offices of secretary and of treasurer may be held by the same person. The board of directors may also elect or appoint such other officers, agents, or employees as it shall deem necessary or advisable and shall prescribe the powers and duties of such officers, agents, or employees. Any officer may be removed from office and a successor elected in the manner prescribed in the bylaws.
Acts 1961, ch. 330, § 11; T.C.A., § 65-2912.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 29 - TELEPHONE COOPERATIVES (§§ 65-29-101 — 65-29-134) › Section 65-29-113 - Amendment of articles of incorporation - Certificate of change of principal office

(a)
A cooperative may amend its articles of incorporation by complying with the following requirements:
(1)
The proposed amendment shall be first approved by the board of directors and shall then be submitted to a vote of the members at any annual or special meeting thereof, the notice of which shall set forth the proposed amendment. The proposed amendment, with such changes as the members shall choose to make therein, shall be deemed to be approved on the affirmative vote of not less than two-thirds (2/3) of those members voting thereon at such meeting; and
(2)
(A)
Upon such approval by the members, articles of amendment shall be executed and acknowledged on behalf of the cooperative by its president or vice president, and its corporate seal shall be affixed thereto and attested by its secretary. The articles of amendment shall recite in the caption that they are executed pursuant to this chapter and shall state:
(i)
The name of the cooperative;
(ii)
The address of its principal office;
(iii)
The date of the filing of its articles of incorporation in the office of the secretary of state; and
(iv)
The amendment to its articles of incorporation;
(B)
The president or vice president executing such articles of amendment shall also make and annex thereto an affidavit stating that there was compliance with this section.
(b)
A cooperative may, without amending its articles of incorporation, upon authorization of its board of directors, change the location of its principal office by filing a certificate of change of principal office executed and acknowledged by its president or vice president under its seal attested by its secretary, in the office of the secretary of state and also in each county office in which its articles of incorporation or any prior certificate of change of principal office of such cooperative has been filed. Such cooperative shall also, within thirty (30) days after the filing of such certificate of change of principal office in any county office, file therein certified copies of its articles of incorporation and all amendments thereto, if the same are not already on file in the county office.
Acts 1961, ch. 330, § 12; T.C.A., § 65-2913.