Rules & Regulations of the State of Tennessee
Title 1220 - Tennessee Public Utility Commission
Subtitle 1220-01 - Division of Practice and Procedure
Chapter 1220-01-02 - Practice and Procedure - Contested Cases
Section 1220-01-02-.03 - DEFENSES - ANSWERS - MOTIONS TO DISMISS

(1) A respondent shall serve on the petitioner and file with the Authority a responsive pleading within thirty (30) days after the service of the complaint or initial petition, except where otherwise provided by statute, by these rules or by order of the Authority.

(2) Every defense, in law or fact, to an order or notice commencing a contested case or to an initial petition, shall be asserted in an answer, except that the following defenses may, at the option of the respondent, be made by motion in writing:

(3) A motion raising any of the defenses in (2) may be made prior to filing an answer, or may be combined with the answer. Such motions shall be disposed of prior to a hearing on the merits.

(4) If the initial petition is so vague or ambiguous that the respondent cannot reasonably be required to frame a response, the respondent may move for a more definite statement before filing an answer. Such a motion shall point out the defects complained of and the details desired. If the motion is granted, a more definite statement shall be furnished by a date certain fixed in the order granting the motion.

(5) Upon motion made by any party within ten (10) days after the service of a petition or answer upon that party, or upon its own initiative, the Authority or Hearing Officer may order stricken from any petition, answer or motion to dismiss, any insufficient defense or any irrelevant, immaterial, impertinent or scandalous matter.

(6) A respondent waives all defenses listed in (2) which are not presented either by motion, answer, or any amendment thereto, except that lack of jurisdiction over the subject matter may be raised at any time. The defenses enumerated in subparagraphs (2)(b), (c) and (d) shall not be raised by amendment.