reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 3 - REGULATION OF RAILROADS BY DEPARTMENT OF TRANSPORTATION (§§ 65-3-101 — 65-3-207) › Part 1 - GENERAL PROVISIONS (§§ 65-3-101 — 65-3-124) › Section 65-3-124 - Report on blocked highway-rail grade crossings

On or before November 1, 2021, and on or before November 1 of each year between 2022 - 2026, the department of transportation shall report to the transportation committee of the house of representatives and the transportation and safety committee of the senate on the data collected on the following website, or any successor website, established by the federal railroad administration (FRA) for the public and law enforcement agencies to report blocked highway-rail grade crossings: www.fra.dot.gov/blockedcrossings. The department shall publish the link to the FRA website in a prominent location on its website. The department shall submit its final report on or before July 1, 2027. From the data available on the website, the department's report must identify the areas in this state impacted by the blocked crossings, such as areas where commerce is impeded or potential public safety risks are posed, and must include the location and length of the obstructions in those areas. The department shall send a copy of each report to the five (5) municipalities with the highest number of areas impacted by blocked crossings.
Added by 2021 Tenn. Acts, ch. 178, s 1, eff. 4/20/2021.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 3 - REGULATION OF RAILROADS BY DEPARTMENT OF TRANSPORTATION (§§ 65-3-101 — 65-3-207) › Part 2 - INSPECTION, CONTROL, AND SUPERVISION FEE (§§ 65-3-201 — 65-3-207) › Section 65-3-201 - General provisions

(a)
Every railroad which is doing business in this state and subject to the control and jurisdiction of the department of transportation and to which this chapter applies, shall pay to the state on or before July 1 of each year, a fee for the inspection, control and supervision of the business, service and rates of such railroads.
(b)
The fee prescribed by this section shall be paid by railroads in addition to any and all property, franchise, license and other taxes, fees and charges fixed, assessed or charged by law against the railroads.
(c)
The amount of the fee prescribed by this section shall be assessed against the actual ton miles operated annually by each railroad in this state, but no fee shall be assessed against any ton miles operated in excess of the maximum assessable ton miles for each railroad. The maximum assessable ton miles shall be the total ton miles reported to the former public service commission by each railroad in calendar year 1990, plus four percent (4%) of that base amount for each calendar year thereafter. The fee fixed and assessed against these ton miles to be paid by each railroad is four cents (4¢) per one thousand (1,000) ton miles. This fee is effective on payments made to the former public service commission on or before July 1, 1995, based upon ton miles for the calendar year 1995, and in each year thereafter.
(d)
In no case shall the fee to be paid be less than one hundred dollars ($100) which will be the minimum inspection, control and supervision fee to be paid by any railroad subject to such fee.
Acts 1970, ch. 599, § 1(1-4); T.C.A., § 65-332; Acts 1986, ch. 862, § 4; 1988, ch. 582, § 1; 1991, ch. 271, § 1; 1995, ch. 305, § 10; 1995, ch. 536, § 1; 1998, ch. 646, § 1.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 3 - REGULATION OF RAILROADS BY DEPARTMENT OF TRANSPORTATION (§§ 65-3-101 — 65-3-207) › Part 2 - INSPECTION, CONTROL, AND SUPERVISION FEE (§§ 65-3-201 — 65-3-207) › Section 65-3-202 - Collection and disposition of fee

The inspection, control and supervision fees provided for in this part shall be collected by the department of transportation. Such fees, when collected, shall be deposited in the state treasury but shall be kept in a separate account, to be known as the "railroad account," and the funds so raised shall thus be segregated on a fiscal year basis. Effective June 30, 1996, the balance in the railroad account is to reflect all fees collected for the fiscal year and should reflect any payments authorized by this chapter for the fiscal year and each year thereafter. The same accounting procedures used by the department of finance and administration for the determination of other reserve fund balances for the department of transportation shall be applicable to the railroad account balance.
Acts 1970, ch. 599, § 1(6); T.C.A., § 65-333; Acts 1995, ch. 305, § 10; 1995, ch. 536, § 2.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 3 - REGULATION OF RAILROADS BY DEPARTMENT OF TRANSPORTATION (§§ 65-3-101 — 65-3-207) › Part 2 - INSPECTION, CONTROL, AND SUPERVISION FEE (§§ 65-3-201 — 65-3-207) › Section 65-3-203 - Default

In case of default in the payment of any such fee, or part thereof, when the same shall become due, as provided in this part, any railroad in default shall be liable to a penalty of ten percent (10%) per month on the amount of the fee, which may be recovered by suit of the state for every month it remains in default, and any such penalty, when collected, is to be deposited in the state treasury as part of the railroad account.
Acts 1970, ch. 599, § 1(7); T.C.A., § 65-334; Acts 1995, ch. 305, § 10.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 3 - REGULATION OF RAILROADS BY DEPARTMENT OF TRANSPORTATION (§§ 65-3-101 — 65-3-207) › Part 2 - INSPECTION, CONTROL, AND SUPERVISION FEE (§§ 65-3-201 — 65-3-207) › Section 65-3-204 - Lien for fees and penalties

A lien is declared and shall exist upon all the property of each railroad in default for the payment of the fee prescribed, together with all penalties accruing hereunder, which liens shall be superior to all other liens, except those for federal, state, county and municipal taxes.
Acts 1970, ch. 599, § 1(8); T.C.A., § 65-335; Acts 1995, ch. 305, § 10.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 3 - REGULATION OF RAILROADS BY DEPARTMENT OF TRANSPORTATION (§§ 65-3-101 — 65-3-207) › Part 2 - INSPECTION, CONTROL, AND SUPERVISION FEE (§§ 65-3-201 — 65-3-207) › Section 65-3-205 - Employees

The commissioner of transportation is empowered to employ such rate experts, engineers, attorneys, accountants, auditors, inspectors, examiners, clerks, agents or other employees, and assign to them such duties as shall be necessary to enable the department of transportation to fully perform the duties, and to exercise the powers conferred by this chapter upon the department of transportation, subject to its review. This section shall not be construed to authorize or to permit such attorneys to file any action or to otherwise appear before any state or federal court without prior approval of the attorney general and reporter.
Acts 1970, ch. 599, § 1(19); T.C.A., § 65-336; Acts 1982, ch. 788, § 7; 1995, ch. 305, §§ 10, 13; 1995, ch. 536, § 3.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 3 - REGULATION OF RAILROADS BY DEPARTMENT OF TRANSPORTATION (§§ 65-3-101 — 65-3-207) › Part 2 - INSPECTION, CONTROL, AND SUPERVISION FEE (§§ 65-3-201 — 65-3-207) › Section 65-3-206 - Railroads to file statements

Every such railroad doing business in this state shall file with the department of transportation a statement under oath, in such form and substance as may be prescribed by the department of transportation, setting forth accurately the ton miles operated in the state, together with the total number of Tennessee main line miles for the preceding calendar year. Any such railroad failing to file such statement as required, or failing to give such other information as may be reasonably required of such railroad, commits a Class C misdemeanor for each day of such failure to comply.
Acts 1970, ch. 599, § 1(5); T.C.A., § 65-337; Acts 1989, ch. 591, § 113; 1995, ch. 305, § 10.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 3 - REGULATION OF RAILROADS BY DEPARTMENT OF TRANSPORTATION (§§ 65-3-101 — 65-3-207) › Part 2 - INSPECTION, CONTROL, AND SUPERVISION FEE (§§ 65-3-201 — 65-3-207) › Section 65-3-207 - Use of fees

The inspection, control and supervision fees generated by this part shall be used only to support railroad-related programs administered by the department of transportation and assessment functions performed by the comptroller of the treasury under title 67, chapter 5, part 13.
Acts 1998, ch. 787, § 1.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 4 - REGULATION OF PUBLIC UTILITIES BY COMMISSION (§§ 65-4-101 — 65-4-506) › Part 1 - GENERAL PROVISIONS (§§ 65-4-101 — 65-4-127) › Section 65-4-102 - Railroads excluded

None of the provisions of this chapter and none of the powers conferred upon the commission shall apply to any railroad, whether operated by an incorporated company or individual, which is operated in this state and which is regulated and governed by chapter 3 of this title.
Acts 1919, ch. 49, § 3; Shan. Supp., § 3059a86; mod. Code 1932, § 5449; Acts 1939, ch. 130, § 1; C. Supp. 1950, § 5449; modified; T.C.A. (orig. ed.), § 65-402; Acts 1995, ch. 305, § 20.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 4 - REGULATION OF PUBLIC UTILITIES BY COMMISSION (§§ 65-4-101 — 65-4-506) › Part 1 - GENERAL PROVISIONS (§§ 65-4-101 — 65-4-127) › Section 65-4-103 - Interstate commerce excepted

This chapter shall be construed to apply to and affect only public utilities which furnish products or services within the state, and this chapter shall not be construed to extend to any public utility engaged in interstate commerce the government or regulation of which jurisdiction is vested in the interstate commerce commission or other federal board or commission.
Acts 1919, ch. 49, § 10; Shan. Supp., § 3059a93; Code 1932, § 5456; T.C.A. (orig. ed.), § 65-403.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 4 - REGULATION OF PUBLIC UTILITIES BY COMMISSION (§§ 65-4-101 — 65-4-506) › Part 1 - GENERAL PROVISIONS (§§ 65-4-101 — 65-4-127) › Section 65-4-104 - Commission's jurisdiction and control of public utilities

(a)
The commission has general supervisory and regulatory power, jurisdiction, and control over all public utilities, and also over their property, property rights, facilities, and franchises, so far as may be necessary for the purpose of carrying out the provisions of this chapter. However, such general supervisory and regulatory power and jurisdiction and control shall not apply to street railway companies.
(b)
(1)
Any investor-owned electric power company serving Tennessee customers on the western side of the Mississippi River shall provide those Tennessee customers with the same level of service and charge the same rates as the power company provides and charges similarly situated customers in Arkansas.
(2)
Upon a finding that an investor-owned electric power provider has engaged in unjust or unreasonable discrimination in service or rates in violation of subdivision (b)(1), the commission may order changes in the provider's services or rates to those Tennessee customers as necessary to enforce subdivision (b)(1).
(3)
The commission's jurisdiction over an investor-owned electric power company serving Tennessee customers on the western side of the Mississippi River is limited to hearing a complaint alleging a violation of subdivision (b)(1) and granting appropriate relief as provided in subdivision (b)(2).
(4)
Nothing in this subsection (b) removes the duty of any investor-owned electric power company to pay any required inspection and supervision fee to the commission as required by part 3 of this chapter.
(5)
Nothing in this subsection (b) removes the duty of any investor-owned electric power company to pay its otherwise appropriate Tennessee state or local taxes.
(c)
Notwithstanding §
65-4-101(6)(A)(vi)
, the commission may upon petition designate a provider or reseller of domestic public cellular radio telephone service as an eligible telecommunications carrier pursuant to
47 C.F.R. § 54.201
for purposes of providing Lifeline service.
Amended by 2022 Tenn. Acts, ch. 789, s 1, eff. 4/8/2022.
Amended by 2017 Tenn. Acts, ch. 98, s 1, eff. 7/1/2017.
Acts 1919, ch. 49, § 3; Shan. Supp., § 3059a85; Code 1932, § 5447; Acts 1943, ch. 51, § 1; C. Supp. 1950, § 5447; impl. am. Acts 1955, ch. 69, § 1; T.C.A. (orig. ed.), § 65-404; Acts 1995, ch. 305, § 20.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 4 - REGULATION OF PUBLIC UTILITIES BY COMMISSION (§§ 65-4-101 — 65-4-506) › Part 1 - GENERAL PROVISIONS (§§ 65-4-101 — 65-4-127) › Section 65-4-106 - Construction of chapter

This chapter shall not be construed as being in derogation of the common law, but shall be given a liberal construction, and any doubt as to the existence or extent of a power conferred on the commission by this chapter or chapters 1, 3 and 5 of this title shall be resolved in favor of the existence of the power, to the end that the commission may effectively govern and control the public utilities placed under its jurisdiction by this chapter.
Acts 1919, ch. 49, § 12; Shan. Supp., § 3059a95; Code 1932, § 5458; T.C.A. (orig. ed.), § 65-406; Acts 1995, ch. 305, § 20.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 4 - REGULATION OF PUBLIC UTILITIES BY COMMISSION (§§ 65-4-101 — 65-4-506) › Part 1 - GENERAL PROVISIONS (§§ 65-4-101 — 65-4-127) › Section 65-4-107 - Approval of privilege or franchise

(a)
No privilege or franchise hereafter granted to any public utility by the state or by any political subdivision of the state shall be valid until approved by the commission, such approval to be given when, after hearing, the commission determines that such privilege or franchise is necessary and proper for the public convenience and properly conserves the public interest, and the commission shall have power, if it so approves, to impose such conditions as to construction, equipment, maintenance, service or operation as the public convenience and interest may reasonably require; provided, however, that nothing contained in this chapter shall be construed as applying to the laying of sidings, sidetracks, or switchouts, by any public utility, and it shall not be necessary for any such public utility to obtain a certificate of convenience from the commission for such purpose.
(b)
All terms, conditions, obligations, and rights of a privilege or franchise approved by the commission for the provision of natural gas service shall remain in effect until approval of a subsequent privilege or franchise by the commission.
Amended by 2016 Tenn. Acts, ch. 645,s 1, eff. 3/23/2016.
Acts 1919, ch. 49, § 7; Shan. Supp., § 3059a90; Code 1932, § 5453; T.C.A. (orig. ed.), § 65-407; Acts 1995, ch. 305, § 20.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 4 - REGULATION OF PUBLIC UTILITIES BY COMMISSION (§§ 65-4-101 — 65-4-506) › Part 1 - GENERAL PROVISIONS (§§ 65-4-101 — 65-4-127) › Section 65-4-108 - Appeal to commission from local regulation

Any such public utility may appeal to the commission from any order or regulation made by any local, municipal, or county governing body, and the commission is given power and jurisdiction to hear such appeal and to determine the matter in question on the merits and make such order in the premises as may be just and reasonable.
Acts 1919, ch. 49, § 8; Shan. Supp., § 3059a91; Code 1932, § 5454; T.C.A. (orig. ed.), § 65-408; Acts 1995, ch. 305, § 20.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 4 - REGULATION OF PUBLIC UTILITIES BY COMMISSION (§§ 65-4-101 — 65-4-506) › Part 1 - GENERAL PROVISIONS (§§ 65-4-101 — 65-4-127) › Section 65-4-109 - Issuance of stocks or other evidences of indebtedness

No public utility shall issue any stocks, stock certificates, bonds, debentures, or other evidences of indebtedness payable in more than one (1) year from the date thereof, until it shall have first obtained authority from the commission for such proposed issue. It shall be the duty of the commission after hearing to approve any such proposed issue maturing more than one (1) year from the date thereof upon being satisfied that the proposed issue, sale and delivery is to be made in accordance with law and the purpose of such be approved by the commission.
Acts 1919, ch. 49, § 6; Shan. Supp., § 3059a89; Code 1932, § 5452; T.C.A. (orig. ed.), § 65-409; Acts 1995, ch. 305, § 20.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 4 - REGULATION OF PUBLIC UTILITIES BY COMMISSION (§§ 65-4-101 — 65-4-506) › Part 1 - GENERAL PROVISIONS (§§ 65-4-101 — 65-4-127) › Section 65-4-110 - Depreciation account for protection of holders of securities

The commission has the power, after hearing, upon notice, by order in writing, to require every public utility as defined in §
65-4-101
to carry for the protection of stockholders, bondholders or holders of securities a proper and adequate depreciation account in accordance with such rules, regulations, and forms of account, as the commission may prescribe. The commission shall have power to ascertain and determine, and by order in writing, after hearing, fix proper and adequate rates of depreciation of the property of each public utility, and each public utility shall conform its depreciation accounts to the rates so ascertained, determined, and fixed, and shall set aside the moneys so provided for out of earnings and carry the same in a depreciation fund. The income from investments of moneys in such fund shall likewise be carried in such fund. This depreciation fund shall not be expended otherwise than for depreciation, improvements, new constructions, extensions, or additions to the property of such public utility, unless the commission shall by order in writing give permission to the public utility to divert the fund to purposes other than those named in this section.
Acts 1919, ch. 49, § 5; Shan. Supp., § 3059a88; mod. Code 1932, § 5451; T.C.A. (orig. ed.), § 65-410; Acts 1995, ch. 305, § 20.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 4 - REGULATION OF PUBLIC UTILITIES BY COMMISSION (§§ 65-4-101 — 65-4-506) › Part 1 - GENERAL PROVISIONS (§§ 65-4-101 — 65-4-127) › Section 65-4-111 - Uniform system of accounting - Reports

(a)
The commission has the power, after hearing, upon notice, by order in writing, to require every public utility as defined in §
65-4-101
to keep its books, records, and accounts so as to afford an intelligent understanding of the conduct of its business, and to that end to require every such public utility of the same class to adopt a uniform system of accounting. The accounting system shall conform, where applicable, to any system adopted or approved by the interstate commerce commission.
(b)
The commission also has the power to require each such utility to furnish annually, or at such other times as the commission may require, a detailed report of finances and operations as shown by such system of accounts.
Acts 1919, ch. 49, § 5; Shan. Supp., § 3059a88; Code 1932, § 5451; T.C.A. (orig. ed.), § 65-411; Acts 1995, ch. 305, § 20.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 4 - REGULATION OF PUBLIC UTILITIES BY COMMISSION (§§ 65-4-101 — 65-4-506) › Part 1 - GENERAL PROVISIONS (§§ 65-4-101 — 65-4-127) › Section 65-4-112 - Utilities leasing, merging, or consolidating property

(a)
No lease of its property, rights, or franchises, by any such public utility, and no merger or consolidation of its property, rights and franchises by any such public utility with the property, rights and franchises of any other such public utility of like character shall be valid until approved by the commission, even though power to take such action has been conferred on such public utility by the state or by any political subdivision of the state.
(b)
Any public utility as defined in §
65-4-101
, may, without the approval or consent of the state or the commission, or any other agency of the state, sell, lease, or otherwise dispose of any of its property, including, but without limitation, franchises, rights, facilities, and other assets, and its capital stock, to any of the nonutilities defined in §
65-4-101
.
Acts 1919, ch. 49, § 6; Shan. Supp., § 3059a89; Code 1932, § 5452; Acts 1935, ch. 42, § 2; C. Supp. 1950, § 5448.1; impl. am. Acts 1955, ch. 69, § 1; Acts 1995, ch. 305, § 20.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 4 - REGULATION OF PUBLIC UTILITIES BY COMMISSION (§§ 65-4-101 — 65-4-506) › Part 1 - GENERAL PROVISIONS (§§ 65-4-101 — 65-4-127) › Section 65-4-113 - Transfer of authority to provide utility services

(a)
No public utility, as defined in §
65-4-101
, shall transfer all or any part of its authority to provide utility services, derived from its certificate of public convenience and necessity issued by the commission, to any individual, partnership, corporation or other entity without first obtaining the approval of the commission.
(b)
Upon petition for approval of the transfer of authority to provide utility services, the commission shall take into consideration all relevant factors, including, but not limited to, the suitability, the financial responsibility, and capability of the proposed transferee to perform efficiently the utility services to be transferred and the benefit to the consuming public to be gained from the transfer. The commission shall approve the transfer after consideration of all relevant factors and upon finding that such transfer furthers the public interest.
(c)
Following approval of the transfer pursuant to this section, the transferee shall be granted full authority to provide the transferred services subject to the continuing regulation of the commission. The transferor shall no longer have any authority to provide the transferred services, but shall retain authority to provide other services, if any are retained, which were not included in such transfer.
(d)
This section shall not apply to any transfers falling under §
65-4-112
. This section shall apply to all other utility service transfers, including, but not limited to, the transfer of the authority to provide communications services held by a land line telephone company pursuant to §
65-30-105(h)
.
(e)
To the extent transferees receiving authority under this section would be prohibited from performing the service by §
65-30-104
, §
65-30-105(a)
, or §
65-30-105(f)(2)
, those sections are declared inapplicable.
Acts 1993, ch. 23, § 1; 1994, ch. 545, § 1; 1995, ch. 305, § 20.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 4 - REGULATION OF PUBLIC UTILITIES BY COMMISSION (§§ 65-4-101 — 65-4-506) › Part 1 - GENERAL PROVISIONS (§§ 65-4-101 — 65-4-127) › Section 65-4-114 - Service requirements

The commission has the power, after hearing, upon notice, by order in writing, to require every public utility, as defined in §
65-4-101
, to:
(1)
Furnish safe, adequate, and proper service and to keep and maintain its property and equipment in such condition as to enable it to do so; and
(2)
Establish, construct, maintain, and operate any reasonable extension of its existing facilities where, in the judgment of the commission, such extension is reasonable and practicable, and will furnish sufficient business to justify the construction, operation, and maintenance of the same, and when the financial condition of the public utility affected reasonably warrants the original expenditure required in making such extension, or to abandon any service when, in the judgment of the commission, the public welfare no longer requires the same.
Acts 1919, ch. 49, § 5; Shan. Supp., § 3059a88; Code 1932, § 5451; T.C.A. (orig. ed.), § 65-414; Acts 1993, ch. 23, § 1; T.C.A., §
65-4-113
; Acts 1995, ch. 305, § 20.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 4 - REGULATION OF PUBLIC UTILITIES BY COMMISSION (§§ 65-4-101 — 65-4-506) › Part 1 - GENERAL PROVISIONS (§§ 65-4-101 — 65-4-127) › Section 65-4-115 - Unjust practices and unsafe services prohibited

No public utility shall adopt, maintain, or enforce any regulation, practice, or measurement which is unjust, unreasonable, unduly preferential or discriminatory, nor shall any public utility provide or maintain any service that is unsafe, improper, or inadequate, or withhold or refuse any service which can reasonably be demanded and furnished when ordered by the commission.
Acts 1919, ch. 49, § 6; Shan. Supp., § 3059a89; Code 1932, § 5452; T.C.A. (orig. ed.), § 65-422; Acts 1993, ch. 23, § 1; T.C.A., §
65-4-114
; Acts 1995, ch. 305, § 20.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 4 - REGULATION OF PUBLIC UTILITIES BY COMMISSION (§§ 65-4-101 — 65-4-506) › Part 1 - GENERAL PROVISIONS (§§ 65-4-101 — 65-4-127) › Section 65-4-116 - Penalties

(a)
The penalties prescribed by chapter 3 of this title shall be and remain in full force and effect, and shall in every case apply to any public utility within this chapter in the same manner and to the same extent as they are made applicable to and imposed on railroad and transportation companies under chapter 3 of this title.
(b)
In determining the amount of the penalty, the appropriateness of the penalty to the size of the business of the person, firm or corporation charged, the gravity of the violation and the good faith of the person, firm or corporation charged in attempting to achieve compliance, after notification of a violation, shall be considered. The amount of the penalty, when finally determined, may be deducted from any sums owing by the state to the person, firm or corporation charged or may be recovered in a civil action in the courts of this state.
Acts 1919, ch. 49, § 9; Shan. Supp., § 3059a92; Code 1932, § 5455; Acts 1969, ch. 156, § 1; T.C.A. (orig. ed.), § 65-423; Acts 1991, ch. 439, §§ 3, 4; 1993, ch. 23, § 1; T.C.A., §
65-4-115
.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 4 - REGULATION OF PUBLIC UTILITIES BY COMMISSION (§§ 65-4-101 — 65-4-506) › Part 1 - GENERAL PROVISIONS (§§ 65-4-101 — 65-4-127) › Section 65-4-119 - Complaints referred to employees

Any person employed by the commission in the consumer advocate division may be assigned by the commission to investigate, hear, and, wherever possible, adjust any individual or general complaint made by any person against any such public utility, wherein its investment, property, service charges, or claims preferred against it, may be involved, and may hear and take proof, and, in the event the commission employee is unable to effect a satisfactory adjustment of any such complaint, then the commission employee shall certify the same to the commission, with recommendations in the premises, whereupon the commission shall, after hearing, make its final order, which shall be binding upon the parties to any such controversy.
Acts 1921, ch. 107, § 6; Shan. Supp., § 3059a109; Code 1932, § 5469; T.C.A. (orig. ed.), § 65-435; Acts 1993, ch. 23, § 1; T.C.A., §
65-4-118
; Acts 1995, ch. 305, § 20.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 4 - REGULATION OF PUBLIC UTILITIES BY COMMISSION (§§ 65-4-101 — 65-4-506) › Part 1 - GENERAL PROVISIONS (§§ 65-4-101 — 65-4-127) › Section 65-4-120 - Penalty for noncompliance with commission

Any public utility which violates or fails to comply with any lawful order, judgment, finding, rule, or requirement of the commission, shall in the discretion of the commission be subject to a penalty of fifty dollars ($50.00) for each day of any such violation or failure, which may be declared due and payable by the commission, upon complaint, and after hearing, and when paid, either voluntarily, or after suit, which may be brought by the commission, shall be placed to the credit of the public utility account.
Acts 1921, ch. 107, § 10; Shan. Supp., § 3059a114; Code 1932, § 5470; T.C.A. (orig. ed.), § 65-436; Acts 1993, ch. 23, § 1; T.C.A., §
65-4-119
; Acts 1995, ch. 305, § 20.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 4 - REGULATION OF PUBLIC UTILITIES BY COMMISSION (§§ 65-4-101 — 65-4-506) › Part 1 - GENERAL PROVISIONS (§§ 65-4-101 — 65-4-127) › Section 65-4-121 - Appeals

Any appeal, order, decision, ruling or action of the commission affecting any utility as defined in §
65-4-101
, exclusive of railroads or common carriers, or any company engaged in the transmission of intelligence or communications, shall be filed in a court of record of competent jurisdiction in the county in which the dispute or matters in controversy arose; and no other nisi prius court of this state shall have jurisdiction to hear and determine such appeal. In the event of an appeal from the judgment or order of circuit or chancery court reviewing such order, or judgment, such appeal shall be prosecuted to the court of appeals in the grand division of the state in which the dispute or matters in controversy arose; and any appeal therefrom shall be perfected to the supreme court.
Acts 1935, ch. 46, § 1; C. Supp. 1950, § 5470.1; impl. am. Acts 1955, ch. 69, § 1; T.C.A. (orig. ed.), § 65-437; Acts 1993, ch. 23, § 1; T.C.A., §
65-4-120
; Acts 1995, ch. 305, § 20.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 4 - REGULATION OF PUBLIC UTILITIES BY COMMISSION (§§ 65-4-101 — 65-4-506) › Part 1 - GENERAL PROVISIONS (§§ 65-4-101 — 65-4-127) › Section 65-4-122 - Discriminatory charges - Reasonableness of rates - Unreasonable preferences - Penalties

(a)
If any common carrier or public service company, directly or indirectly, by any special rate, rebate, drawback, or other device, charges, demands, collects, or receives from any person a greater or less compensation for any service within this state than it charges, demands, collects, or receives from any other person for service of a like kind under substantially like circumstances and conditions, and if such common carrier or such other public service company makes any preference between the parties aforementioned, such common carrier or other public service company commits unjust discrimination, which is prohibited and declared unlawful.
(b)
Any such corporation which charges, collects, or receives more than a just and reasonable rate of toll or compensation for service in this state commits extortion, which is prohibited and declared unlawful.
(c)
It is unlawful for any such corporation to make or give an undue or unreasonable preference or advantage to any particular person or locality, or any particular description of traffic or service, or to subject any particular person, company, firm, corporation, or locality, or any particular description of traffic or service to any undue or unreasonable prejudice or disadvantage.
(d)
Any such corporation that shall be guilty of extortion or unjust discrimination, or of giving to any person or locality, or to any description of traffic an undue or unreasonable preference or advantage, shall be fined in any sum not less than five hundred dollars ($500) nor more than two thousand dollars ($2,000).
(e)
An action may be brought by any person against any person or corporation, owning or operating such public service company in Tennessee, for the violation of this section, before any court having jurisdiction to try the same.
Acts 1995, ch. 305, § 137.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 4 - REGULATION OF PUBLIC UTILITIES BY COMMISSION (§§ 65-4-101 — 65-4-506) › Part 1 - GENERAL PROVISIONS (§§ 65-4-101 — 65-4-127) › Section 65-4-123 - Declaration of telecommunications services policy

The general assembly declares that the policy of this state is to foster the development of an efficient, technologically advanced, statewide system of telecommunications services by permitting competition in all telecommunications services markets, and by permitting alternative forms of regulation for telecommunications services and telecommunications services providers. To that end, the regulation of telecommunications services and telecommunications services providers shall protect the interests of consumers without unreasonable prejudice or disadvantage to any telecommunications services provider; universal service shall be maintained; and rates charged to residential customers for essential telecommunications services shall remain affordable.
Acts 1995, ch. 408, § 1.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 4 - REGULATION OF PUBLIC UTILITIES BY COMMISSION (§§ 65-4-101 — 65-4-506) › Part 1 - GENERAL PROVISIONS (§§ 65-4-101 — 65-4-127) › Section 65-4-124 - Administrative rules

(a)
All telecommunications services providers shall provide nondiscriminatory interconnection to their public networks under reasonable terms and conditions; and all telecommunications services providers shall, to the extent that it is technically and financially feasible, be provided desired features, functions and services promptly, and on an unbundled and non-discriminatory basis from all other telecommunications services providers.
(b)
The Tennessee public utility commission shall, at a minimum, promulgate rules and issue such orders as necessary to implement the requirements of subsection (a) and to provide for unbundling of service elements and functions, terms for resale, interLATA presubscription, number portability, and packaging of a basic local exchange telephone service or unbundled features or functions with services of other providers.
(c)
These rules shall also ensure that all telecommunications services providers who provide basic local exchange telephone service or its equivalent provide each customer a basic White Pages directory listing, provide access to 911 emergency services, provide free blocking service for 900/976 type services, provide access to telecommunications relay services, provide Lifeline and Link-Up Tennessee services to qualifying citizens of the state and provide educational discounts existing on June 6, 1995.
(d)
The granting of applications for certificates of convenience and necessity to competing telecommunications service providers or the adoption of a price regulation plan for incumbent local exchange telephone companies is not dependent upon the promulgation of these rules.
Acts 1995, ch. 408, § 8.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 4 - REGULATION OF PUBLIC UTILITIES BY COMMISSION (§§ 65-4-101 — 65-4-506) › Part 1 - GENERAL PROVISIONS (§§ 65-4-101 — 65-4-127) › Section 65-4-126 - State policy on using energy more efficiently

The general assembly declares that the policy of this state is that the Tennessee public utility commission will seek to implement, in appropriate proceedings for each electric and gas utility, with respect to which the commission has rate making authority, a general policy that ensures that utility financial incentives are aligned with helping their customers use energy more efficiently and that provides timely cost recovery and a timely earnings opportunity for utilities associated with cost-effective measurable and verifiable efficiency savings, in a way that sustains or enhances utility customers' incentives to use energy more efficiently.
Acts 2009, ch. 531, § 53.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 4 - REGULATION OF PUBLIC UTILITIES BY COMMISSION (§§ 65-4-101 — 65-4-506) › Part 1 - GENERAL PROVISIONS (§§ 65-4-101 — 65-4-127) › Section 65-4-127 - Cyber security plan

(a)
As used in this section:
(1)
"Commission" means the Tennessee public utilities commission; and
(2)
"Utility" means a public utility that provides electric, water, wastewater, or natural gas services.
(b)
(1)
By July 1, 2023, or within one (1) year after a utility is formed, whichever is later, a utility shall prepare and implement a cyber security plan to provide for the protection of the utility's facilities from unauthorized use, alteration, ransom, or destruction of electronic data. The utility shall annually submit documentation of the utility's compliance with this section to the commission by July 1.
(2)
The documentation required by this section must be made in writing and under oath by the chief executive officer, president, or other person with an equivalent role of the utility.
(c)
A utility shall assess and update the cyber security plan implemented pursuant to this section no less frequently than once every two (2) years to address new threats.
(d)
A utility that fails to comply with this section is subject to reasonable sanctions ordered by the commission as described in rule. The fees collected from civil penalties under this section must be remitted to the commission for enforcement of this section.
(e)
The commission shall enforce this section and may promulgate rules necessary to effectuate this section. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(f)
The commission shall include with the annual report required under §
65-1-111
, a separate report regarding compliance with this section to the chair of the commerce committee of the house of representatives, the chair of the commerce and labor committee of the senate, the department of safety, and the legislative librarian. The report must include, at a minimum, information on the utilities that have failed to comply with this section.
Added by 2022 Tenn. Acts, ch. 1111, s 2, eff. 6/1/2022.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 4 - REGULATION OF PUBLIC UTILITIES BY COMMISSION (§§ 65-4-101 — 65-4-506) › Part 2 - CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (§§ 65-4-201 — 65-4-208) › Section 65-4-202 - Complaint of interference - Limited certificate

If any public utility, in establishing, constructing, reconstructing, or extending its route, line, plant or system, shall interfere or be about to interfere with the existing route, line, plant, or system of any other public utility, the commission, on complaint of the public utility claiming to be injuriously affected, may, after hearing, make such order and prescribe such terms and conditions in harmony with this part as are just and reasonable. The commission shall have power, after a hearing involving the financial ability and good faith of the applicant, the necessity for additional service in the municipality or territory, and such other matters as it deems relevant, to issue a certificate of public necessity and convenience, or to refuse to issue the same or to issue it for the establishment or construction of a portion only of the contemplated plant, route, line, or system or extension thereof, or for the partial exercise only of such right or privilege, and may attach to the exercise of the rights granted by the certificate such terms and conditions as to time or otherwise as in its judgment the public convenience, necessity, and protection may require, and may forfeit such certificate after issuance, for noncompliance with its terms, or provide therein for an ipso facto forfeiture of the same for failure to exercise the rights granted within the time fixed by the commission; provided, that nothing in this part shall be construed as requiring such certificate for a municipally owned plant, project, or development.
Acts 1923, ch. 87, § 1; Shan. Supp., § 1843a2; Code 1932, § 5503; T.C.A. (orig. ed.), § 65-416; Acts 1995, ch. 305, § 20.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 4 - REGULATION OF PUBLIC UTILITIES BY COMMISSION (§§ 65-4-101 — 65-4-506) › Part 2 - CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (§§ 65-4-201 — 65-4-208) › Section 65-4-203 - Basis for granting certificate - Notice of hearing

(a)
The commission shall not grant a certificate for a proposed route, plant, line, or system, or extension thereof, which will be in competition with any other route, plant, line, or system, unless it shall first determine that the facilities of the existing route, plant, line, or system are inadequate to meet the reasonable needs of the public, or the public utility operating the same refuses or neglects or is unable to or has refused or neglected, after reasonable opportunity after notice, to make such additions and extensions as may reasonably be required under this part.
(b)
In all proceedings under this section, the commission shall give at least ten (10) days' notice to the authorities of, and the public utilities operating in, the municipality or territory affected.
(c)
This section shall not apply to telecommunications service providers.
Acts 1923, ch. 87, § 2; Shan. Supp., § 1843a3; Code 1932, § 5504; T.C.A. (orig. ed.), § 65-417; Acts 1995, ch. 305, § 20; 1995, ch. 408, § 5.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 4 - REGULATION OF PUBLIC UTILITIES BY COMMISSION (§§ 65-4-101 — 65-4-506) › Part 2 - CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (§§ 65-4-201 — 65-4-208) › Section 65-4-204 - Public hearing on certificate - Plans and information required of applicant

The commission may, upon its own initiative, or shall upon written application of any party in interest, order a public hearing with due notice to all interested parties, at which hearing the person proposing to create the development of water power or other plant or equipment, or extension of the same, shall be required to file with the commission, under oath, engineering plans and other information fully descriptive of the proposed development or such thereof as in the opinion of the commission can reasonably be furnished by such applicant, together with such other reasonable information as may be called for at the hearing or any adjournment of the same; and the commission shall have full power to issue or refuse the certificate of public necessity and convenience, or to qualify or withdraw the same as provided in §
65-4-203
.
Acts 1923, ch. 87, § 3; Shan. Supp., § 1843a4; Code 1932, § 5505; T.C.A. (orig. ed.), § 65-418; Acts 1995, ch. 305, § 20.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 4 - REGULATION OF PUBLIC UTILITIES BY COMMISSION (§§ 65-4-101 — 65-4-506) › Part 2 - CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (§§ 65-4-201 — 65-4-208) › Section 65-4-205 - Evidence

All evidence taken by the commission in any such hearing or hearings shall be taken under oath and may be treated as evidence in any court.
Acts 1923, ch. 87, § 5; Shan. Supp., § 1843a6; Code 1932, § 5507; T.C.A. (orig. ed.), § 65-419; Acts 1995, ch. 305, § 20.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 4 - REGULATION OF PUBLIC UTILITIES BY COMMISSION (§§ 65-4-101 — 65-4-506) › Part 2 - CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (§§ 65-4-201 — 65-4-208) › Section 65-4-206 - Agreement to permit other entity to operate within same geographic boundaries

Notwithstanding an investor-owned water utility's exclusive right to furnish services in the geographic boundaries set forth in its certificate of convenience and necessity as issued by the Tennessee public utility commission, an investor-owned water utility may enter into an agreement with a municipal water system, a water utility district, a county water system, a county water authority, or a county water and wastewater system treatment authority to permit that other entity to operate within the same geographic boundaries. An investor-owned water utility shall establish a method by which the utility's ratepayers may petition the utility to consider entering into an agreement pursuant to this section.
Added by 2022 Tenn. Acts, ch. 889,s 4, eff. 4/14/2022.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 4 - REGULATION OF PUBLIC UTILITIES BY COMMISSION (§§ 65-4-101 — 65-4-506) › Part 2 - CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (§§ 65-4-201 — 65-4-208) › Section 65-4-207 - Law inapplicable at local option

(a)
This part does not apply where any municipality or county by resolution or ordinance declares that a public necessity requires a competing company in that municipality or county.
(b)
This section shall not apply to telecommunications service providers; provided, that this section shall continue to apply with respect to any ordinance adopted, and any franchise granted pursuant to such an ordinance, prior to June 6, 1995.
Acts 1923, ch. 87, § 6; Shan. Supp., § 1843a8; Code 1932, § 5508; T.C.A. (orig. ed.), § 65-421; Acts 1995, ch. 408, § 6.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 4 - REGULATION OF PUBLIC UTILITIES BY COMMISSION (§§ 65-4-101 — 65-4-506) › Part 2 - CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (§§ 65-4-201 — 65-4-208) › Section 65-4-208 - Interstate transmission of electric power

(a)
Notwithstanding any other law, no person, firm or corporation not engaged on March 22, 1955, in the business of generating, transmitting, distributing, or furnishing electric power shall extend or construct transmission or distribution lines or other works into or within the state, directly or indirectly enter the state, for the purpose of delivering within the state electric power generated at a point or points outside the state, unless such person, firm or corporation shall have first submitted its plans for such extension, construction or entry to the commission and shall have obtained from the commission a certificate of public convenience and necessity covering the same. The commission shall deny such certificate if, after a hearing, the commission cannot affirmatively establish that the granting of such certificate would serve the public interest.
(b)
This section shall not apply to the federal government or any federal agency, to the state of Tennessee or any agency or political subdivision of the state, or to any cooperative association organized under the former Electric Cooperative Act or the former Electric Membership Corporation Act, but shall be fully applicable to any private corporation organized under the laws of this or any other state and to any public corporation of any other state, irrespective of the nature, identity or governmental or other public status of the purchaser, consumer, or other party to whom electric power is to be delivered within the state.
(c)
The provisions of this section shall be cumulative and the requirements contained in this section shall be in addition to, and not in substitution for, the requirements contained in any other law.
Acts 1955, ch. 325, §§ 1-3; T.C.A. (orig. ed.), §§ 65-438 -- 65-440; Acts 1995, ch. 305, § 20.