Tenn. Comp. R. & Regs. 1220-04-13-.10 - TITLE OF PHYSICAL ASSETS AND SALE, TRANSFER, MERGER, TERMINATION, ACQUISITION, OR ABANDONMENT

(1) Title to all physical assets of the wastewater system managed or operated by a public wastewater utility shall not be subject to any liens, judgments, or encumbrances, except as approved by the Commission pursuant to Tenn. Code Ann. § 65-4-109.

(2) Any person owning, operating, managing, or controlling a public wastewater utility that intends to sell, transfer or merge with another public wastewater utility, or intends to terminate, acquire another public wastewater utility or its assets, or abandon the wastewater system shall file ninety (90) days prior to the closing date of such transaction both a Petition with the Commission to obtain Commission approval of the transaction and a proposed written notice to the customers.

(3) Any petition filed with the Commission under this part shall include a description of the proposed transaction and the following:

(a) The names, addresses, and telephone numbers of the public wastewater utility and other parties to the transaction;

(b) The identity and contact information of the person(s) to contact regarding the petition;

(c) The proposed effective date of the transaction;

(d) A list of outstanding citations issued by TDEC and a discussion concerning how the acquiring party will correct any outstanding citations or violations;

(e) A statement detailing the effect of the transaction upon customers; and

(f) A copy of the customer notification letter, to be approved by the Commission, which will be mailed by the current provider of wastewater services to its customers no fewer than thirty (30) days prior to the customer transfer. Once approved by the Commission, the notification letter shall be mailed by U.S. First Class Postage, with the logo or name of the current provider displayed on both the letterhead and the exterior envelope. For good cause shown, any portion of this Rule 1220-04-13-.10(3)(f) may be waived or notice may be given using alternate means.

Notes

Tenn. Comp. R. & Regs. 1220-04-13-.10

Public necessity rule filed December 29, 2005; effective through June 12, 2006. Original rule filed March 29, 2006; effective June 12, 2006. Administrative changes made to this chapter on April 27, 2018 pursuant to Public Chapter 94 of 2017; "Tennessee Regulatory Authority" references were changed to "Tennessee Public Utility Commission," "Authority" references were changed to "Commission," "Authority Director" references were changed to "Commissioner," and "Chief" references were changed to "Director." Amendments filed September 5, 2018; effective 12/4/2018.

Authority: T.C.A. §§ 65-2-102, 65-4-104, 65-4-112, and 65-4-113.