§ 65-35-104. Civil Liability — Damages — Liens — Perfection of Liens
Any person violating § 65-35-102 is liable civilly for damages resulting from such violation, including actual, compensatory, incidental and punitive damages. The damages shall be three (3) times the utility’s estimated loss of revenue, plus reasonable attorneys’ fees and costs associated with such loss. A finding of guilt in violation of § 65-35-102, as part […]
§ 65-35-105. Criminal Proceedings
A violation of § 65-35-102 is also a violation of § 39-14-104 and § 65-35-103 applies to any proceeding brought to impose the penalties for a violation of § 39-14-104. In all criminal proceedings brought to impose penalties under § 39-14-104 for violation of this chapter, the provisions of § 65-35-103 pertaining to “prima facie […]
§ 65-35-106. Civil Remedies and Criminal Penalties Mutually Exclusive
It is the intent of the general assembly that the civil remedies of this chapter and the criminal penalties imposed by any other act of the general assembly are mutually exclusive methods for the prosecution of the unlawful activities described in the respective statutes.
§ 65-35-107. Regulatory Jurisdiction Not Extended
Nothing in this chapter confers upon the Tennessee public utility commission the jurisdiction to regulate any utility not expressly subject to regulation by other provision of state law.
§ 65-36-101. Short Title
The title of this chapter is, and may be cited as the “Electric Utility Comprehensive Equal Power and Authority Act of 1997.”
§ 65-36-102. Chapter Definitions
As used in this chapter, unless the context otherwise requires: “Electric cooperative” means an electric cooperative or electric membership corporation, whether organized or operating under chapter 25 of this title or similar statutes of any other state, which, as of June 19, 1997, distributes electric power purchased from the Tennessee Valley authority; and “Municipal utility” […]
§ 65-36-103. Legislative Findings
The general assembly hereby finds and determines that participating in interlocal agreements by electric cooperatives and municipal utilities, as authorized by this chapter, provides a mutual benefit by reducing the expense of operations of municipal utilities and electric cooperatives and, as a result, reduces the cost of electricity for the citizens of this state. Accordingly, […]
§ 65-36-104. Interlocal Cooperation Agreements Authorized
Every municipal electric utility and every electric cooperative are hereby authorized to enter into and to fulfill the terms of interlocal cooperation agreements under the authority of title 12, chapter 9, whether or not the parties of such agreements share equal powers with respect to the subject matter of such agreements. For the purpose of […]
§ 65-34-106. Eminent Domain
Electric and community service cooperatives and municipal electric systems may in the exercise of their powers of eminent domain acquire facilities, equipment, and service areas of non-consumer owned electric systems, notwithstanding the fact that such facilities and equipment shall be dedicated to utility use following their acquisition.
§ 65-34-107. Municipalities — Powers — Limitations
Nothing in this chapter shall impair the right and power of municipalities to operate or authorize the operation of municipal electric systems or electric and community service cooperatives within their municipal boundaries consistent with § 6-51-112. The provisions of § 6-51-111 to the contrary notwithstanding, municipalities may not through the grant of franchises or other […]