
Utilities – Telecommunications, Energy & Water
Bass, Berry & Sims represents a number of regulated public utilities operating in Tennessee, including telecommunications, energy and water companies. For over seventy years, client services have included representation of utilities before the Tennessee Regulatory Authority (TRA), and its predecessor the Tennessee Public Service Commission, in matters regarding rates, tariffs, services, certificates of convenience and necessity, special contracts, franchise approval, change of corporate control, agreement approvals, numbering code denials, market service areas, audits, financing and numerous contested case disputes. We have also provided representation to our clients in proceedings in which the orders of the TRA are judicially reviewed by the state appellate courts or federal district courts under the Federal Communications Act. Bass, Berry & Sims has represented utility companies in numerous state court appeals, including many of the significant appellate cases interpreting provisions of the Tennessee Telecommunications Act of 1995 and other regulatory reform legislation. We have also handled appeals of reciprocal compensation, UNE, FCC pre-emption and other issues arising from TRA decisions that are appealed to in federal district court.
We have a thorough understanding of the rate-making process and its importance to our clients, and we have successfully represented clients in the telecommunications, natural gas, and water industries in contested case proceedings seeking rate increases in recent years. In recent cases before the Tennessee Court of Appeals, we have been successful in upholding a favorable rate increase for a utility client in one case, and obtaining a larger rate increase in another case.
Bass, Berry & Sims’ representation of public utility companies also extends to a wide variety of other legal matters, including commercial loan transactions, government relations, corporate governance, issuance of debt and equity securities, mergers and acquisitions, general litigation, real estate matters, employee benefits issues, tax planning and the resolution of employer-employee disputes.
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