Current through September 24, 2024
(1) For purposes of
this Rule, "contiguous" means immediately adjacent, and sharing at least one
significant common boundary line. A geographic feature such as a roadway or
stream along the common boundary line will not negate contiguity. However, any
intervening land or significant body of water will disqualify a territory from
being contiguous. An extension that traverses unoccupied territory that will
not be served by the extension is not contiguous.
(2) Neither a Certificate of Public
Convenience and Necessity ("CCN") nor an amendment to an existing CCN shall be
required for the extension of public utility service into territory that is
contiguous to the territory occupied by such public utility's plant, route,
line, or system, when:
(a) The contiguous
territory is not receiving similar service from another utility service
provider; and,
(b) The contiguous
territory is not located within the designated service territory of another
utility providing similar service.
(3) A public utility shall provide written
notice to the Commission of its intention to construct, acquire, or commence
operation of a utility system or service in territory that is contiguous to the
service territory already designated to the public utility for the provision of
service of a like character. Concerning such written notice, the public utility
shall:
(a) File notice with the docket clerk
for the Commission at least thirty (30) days before constructing, acquiring, or
commencing operation of such utility system or service; and,
(b) Provide notice in a form approved by the
Commission; which shall include identification of the area to be served by the
extension and other information required by the Commission in the performance
of its statutory general supervisory and regulatory duties.
(4) In addition to the written
notice to the Commission required by paragraph three (3) herein, the public
utility shall provide to the Commission:
(a)
Proof of notice that may be required to any regulatory agency of the extension
of service of contiguous territory;
(b) A complete description of the geographic
contiguous territory to be served by the expansion including the name and
location of the development (subdivision), number of acres, and the existing
territory served by the utility proposing to expand its service area. A legible
map of the area with the proposed contiguous service territory and the
currently served territory shall also be provided.
(c) Documentation of permits, permit
modifications and/or amendments, or other approval documents certifying the
existence of appropriate capacity and/or ability to provide service issued by
any regulatory agency; and,
(d)
Documentation concerning any complaint(s), notices of violation, or
administrative action filed with or issued by a regulatory agency concerning
the operations of the utility plant, route, line, or system, to be extended.
Such documentation shall also be provided for any complaint(s), notices of
violation, or administrative action filed with or issued by a regulatory agency
within sixty (60) days after the filing of the written notice required by
paragraph three (3) herein.
(5) In addition to the requirements of
paragraphs three (3) and four (4), a public wastewater utility shall provide to
the Commission:
(a) Proof that the operating
permit for the existing system has been modified and reissued by the Tennessee
Department of Environment and Conservation ("TDEC") to reflect the additional
wasteload; or, demonstrate that the existing system design has capacity to
support the design flow of the original system and the design flow expected
from the contiguous area, and a public notice confirming that the public
utility appropriately announced its intention to serve the contiguous property
at issue; and,
(b) Certification
from a design engineer that the existing wastewater system, before any
alteration needed to extend service, was constructed in accordance with
TDEC-approved construction plans and specifications. The certification shall be
filed in the docket prior to providing service.
(6) Upon the filing of a written notice, the
Commission shall open a docket for the review of the notice. A commission
order, including appropriate findings of fact and conclusions of law, shall be
entered not more than sixty (60) days from the filing of the written notice and
all required documentation, and shall be limited to whether the intended
expansion qualifies as an expansion into contiguous territory.
Authority: T.C.A. §§
4-5-201, et
seq.; 65-2-102; and 65-4-201.
