Utilities are where nature meets man’s needs, technology and infrastructure. We help companies navigate the sometimes fractious environment of ever-changing regulation of telecommunications, energy and water companies.
For more than 70 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:
We have 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. Our attorneys also have 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 also have handled appeals of reciprocal compensation, Unbundled Network Elements (UNE), Federal Communications Commission (FCC) pre-emption and other issues arising from TRA decisions that are appealed to federal district court.
Bass, Berry & Sims’ representation of public utility companies 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.
Served as bond counsel or underwriters’ counsel in approximately $2.8 billion of utility system bond financings since 2014
Representing the Town of Smyrna, Tennessee against the Municipal Gas Authority of Georgia (MGAG) due to MGAG’s imposition of hedging charges that are costing the Town millions each year
Assisting the Town of Smyrna, Tennessee with two industries’ significant and continuing violations of their wastewater permit and the Town’s wastewater ordinance
Representing four municipalities/utility districts in connection with ongoing issues related to the water supply from the J. Percy Priest Reservoir
Represented multiple leading financial institutions as underwriters’ counsel for approximately $600 million of electric revenue bonds for electric utility systems
Advocated for a decision that IBM’s wide area network service was not a telecommunications service subject to sales tax
Served as underwriter’s counsel to Morgan Stanley in connection with Kentucky Infrastructure Authority’s (KIA) financing of $111 million of water and sewer infrastructure projects