§ 65-2-101 Chapter Definitions
§ 65-2-102 Adoption, Effective Date and Publication of Rules
§ 65-2-103 Petitions to Be in Writing — Filing Fees
§ 65-2-104 Petition for Declaratory Ruling by the Commission
§ 65-2-105 Declaratory Judgment on Validity of Rules
§ 65-2-106 Show Cause Orders
§ 65-2-107 Parties to Contested Cases
§ 65-2-108 Notice and Hearing in Contested Cases
§ 65-2-109 Rules of Evidence — Judicial Notice — Burden of Proof
§ 65-2-110 Commission Reporter — Preparation of Official Record
§ 65-2-111 Proceedings Before Hearing Examiners
§ 65-2-112 Decisions and Orders in Contested Cases
§ 65-2-113 Publication of Decisions and Orders in Contested Cases
§ 65-2-114 Petitions for Rehearing in Contested Cases
§ 65-2-115 Effect of Filing of Petition for Rehearing
§ 65-2-116 Grounds for Rehearing
§ 65-2-117 Replies to Petitions for Rehearing
§ 65-2-118 Disposition of Petitions for Rehearing
§ 65-2-119 Proceedings Upon Granting of Petition for Rehearing
§ 65-2-120 Conflict of Laws
§ 65-2-121 Liberal Construction of Chapter
§ 65-2-122 Establishment of Optional Services Purchased by Regulated Entities or Unregulated Service Providers — Cost-Based Charges for Services — Election to Use Services

Terms Used In Tennessee Code > Title 65 > Chapter 2 - Procedure Before the Tennessee Public Utility Commission

  • Agriculture: means :
    1. The land, buildings and machinery used in the commercial production of farm products and nursery stock. See Tennessee Code 1-3-105
    2. Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
    3. Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
    4. Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
    5. Bailiff: a court officer who enforces the rules of behavior in courtrooms.
    6. Benefit: means anything reasonably regarded as economic gain, enhancement or advantage, including benefit to any other person in whose welfare the beneficiary is interested. See Tennessee Code 39-11-106
    7. Bodily injury: includes a cut, abrasion, bruise, burn or disfigurement, and physical pain or temporary illness or impairment of the function of a bodily member, organ, or mental faculty. See Tennessee Code 39-11-106
    8. Club: means any instrument that is specially designed, made or adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument. See Tennessee Code 39-17-1301
    9. Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
    10. Commission: means the Tennessee public utility commission. See Tennessee Code 65-2-101
    11. Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
    12. Contested case: means all proceedings before the commission in which the legal rights, duties, or privileges of specific parties are determined after a hearing before the commission. See Tennessee Code 65-2-101
    13. Contract: A legal written agreement that becomes binding when signed.
    14. Conviction: A judgement of guilt against a criminal defendant.
    15. Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
    16. Crime of violence: includes any degree of murder, voluntary manslaughter, aggravated rape, rape, rape of a child, especially aggravated rape of a child, aggravated sexual battery, especially aggravated robbery, aggravated robbery, burglary, aggravated burglary, especially aggravated burglary, aggravated assault, kidnapping, aggravated kidnapping, especially aggravated kidnapping, carjacking, trafficking for commercial sex act, especially aggravated sexual exploitation, felony child abuse, and aggravated child abuse. See Tennessee Code 39-17-1301
    17. Criminal negligence: refers to a person who acts with criminal negligence with respect to the circumstances surrounding that person's conduct or the result of that conduct when the person ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. See Tennessee Code 39-11-106
    18. Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
    19. Deadly weapon: means :
      1. A firearm or anything manifestly designed, made or adapted for the purpose of inflicting death or serious bodily injury. See Tennessee Code 39-11-106
      2. Devise: To gift property by will.
      3. Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
      4. Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
      5. Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
      6. Explosive weapon: means any explosive, incendiary or poisonous gas:
        1. Bomb. See Tennessee Code 39-17-1301
        2. Felony: A crime carrying a penalty of more than a year in prison.
        3. Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
        4. Force: means compulsion by the use of physical power or violence and shall be broadly construed to accomplish the purposes of this title. See Tennessee Code 39-11-106
        5. Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
        6. Government: means the state or any political subdivision of the state, and includes any branch or agency of the state, a county, municipality or other political subdivision. See Tennessee Code 39-11-106
        7. Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
        8. Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
        9. Handgun: means any firearm with a barrel length of less than twelve inches (12") that is designed, made or adapted to be fired with one (1) hand. See Tennessee Code 39-11-106
        10. Hoax device: means any device that reasonably appears to be or is purported to be an explosive or incendiary device and is intended to cause alarm or reaction of any type by an official of a public safety agency or a volunteer agency organized to deal with emergencies. See Tennessee Code 39-17-1301
        11. Immediate vicinity: refers to the area within the person's immediate control within which the person has ready access to the ammunition. See Tennessee Code 39-17-1301
        12. Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
        13. Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
        14. Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
        15. Knife: means any bladed hand instrument that is capable of inflicting serious bodily injury or death by cutting or stabbing a person with the instrument. See Tennessee Code 39-17-1301
        16. Knowing: means that a person acts knowingly with respect to the conduct or to circumstances surrounding the conduct when the person is aware of the nature of the conduct or that the circumstances exist. See Tennessee Code 39-11-106
        17. Knuckles: means any instrument that consists of finger rings or guards made of a hard substance and that is designed, made or adapted for the purpose of inflicting serious bodily injury or death by striking a person with a fist enclosed in the knuckles. See Tennessee Code 39-17-1301
        18. Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
        19. Law enforcement officer: means an officer, employee or agent of government who has a duty imposed by law to:
          1. Maintain public order. See Tennessee Code 39-11-106
          2. Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
          3. Livestock: means all equine as well as animals that are being raised primarily for use as food or fiber for human utilization or consumption including, but not limited to, cattle, sheep, swine, goats, and poultry. See Tennessee Code 1-3-105
          4. Machine gun: means any firearm that is capable of shooting more than two (2) shots automatically, without manual reloading, by a single function of the trigger. See Tennessee Code 39-17-1301
          5. Material: means :
            1. Any picture, drawing, photograph, undeveloped film or film negative, motion picture film, videocassette tape or other pictorial representation. See Tennessee Code 39-17-1002
            2. Mental institution: means a mental health facility, mental hospital, sanitarium, psychiatric facility and any other facility that provides diagnoses by a licensed professional of an intellectual disability or mental illness, including, but not limited to, a psychiatric ward in a general hospital. See Tennessee Code 39-17-1301
            3. Minor: means any person under eighteen (18) years of age. See Tennessee Code 39-11-106
            4. Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
            5. Obtain: includes , but is not limited to, the taking, carrying away or the sale, conveyance or transfer of title to or interest in or possession of property, and includes, but is not limited to, conduct known as larceny, larceny by trick, larceny by conversion, embezzlement, extortion or obtaining property by false pretenses. See Tennessee Code 39-11-106
            6. Owner: means a person, other than the defendant, who has possession of or any interest other than a mortgage, deed of trust or security interest in property, even though that possession or interest is unlawful and without whose consent the defendant has no authority to exert control over the property. See Tennessee Code 39-11-106
            7. Person: includes the singular and the plural and means and includes any individual, firm, partnership, copartnership, association, corporation, governmental subdivision or agency, or other organization or other legal entity, or any agent or servant thereof. See Tennessee Code 39-11-106
            8. Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
            9. Plaintiff: The person who files the complaint in a civil lawsuit.
            10. Property: means anything of value, including, but not limited to, money, real estate, tangible or intangible personal property, including anything severed from land, library material, contract rights, choses-in-action, interests in or claims to wealth, credit, admission or transportation tickets, captured or domestic animals, food and drink, electric or other power. See Tennessee Code 39-11-106
            11. Property: includes both personal and real property. See Tennessee Code 1-3-105
            12. Public place: means a place to which the public or a group of persons has access and includes, but is not limited to, highways, transportation facilities, schools, places of amusement, parks, places of business, playgrounds and hallways, lobbies and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence. See Tennessee Code 39-11-106
            13. Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
            14. Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
            15. Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
            16. Restricted firearm ammunition: means any cartridge containing a bullet coated with a plastic substance with other than a lead or lead alloy core or a jacketed bullet with other than a lead or lead alloy core or a cartridge of which the bullet itself is wholly composed of a metal or metal alloy other than lead. See Tennessee Code 39-17-1301
            17. Rifle: means any firearm designed, made or adapted to be fired from the shoulder and to use the energy of the explosive in a fixed metallic cartridge to fire a projectile through a rifled bore by a single function of the trigger. See Tennessee Code 39-17-1301
            18. Rule: means every regulation, or statement of policy, or interpretation of general application and future effect, including the amendment or repeal thereof, adopted by the commission, whether with or without a prior hearing, to implement or make specific the laws enforced or administered by it, or to govern its organization or procedures, but does not include regulations concerning only the internal management of the commission which do not directly affect the rights or procedures available to the public. See Tennessee Code 65-2-101
            19. Serious bodily injury: means bodily injury that involves:
              1. A substantial risk of death. See Tennessee Code 39-11-106
              2. Services: includes labor, skill, professional service, transportation, telephone, mail, gas, electricity, steam, water, cable television, entertainment subscription service or other public services, accommodations in hotels, restaurants or elsewhere, admissions to exhibitions, use of vehicles or other movable property, and any other activity or product considered in the ordinary course of business to be a service, regardless of whether it is listed in this subdivision (a)(37) or a specific statute exists covering the same or similar conduct. See Tennessee Code 39-11-106
              3. Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
              4. Shotgun: means any firearm designed, made or adapted to be fired from the shoulder and to use the energy of the explosive in a fixed shotgun shell to fire through a smooth-bore barrel either a number of ball shot or a single projectile by a single function of the trigger. See Tennessee Code 39-17-1301
              5. signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
              6. State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
              7. Statute: A law passed by a legislature.
              8. Subpoena: A command to a witness to appear and give testimony.
              9. Switchblade knife: means any knife that has a blade which opens automatically by:
                1. Hand pressure applied to a button or other device in the handle. See Tennessee Code 39-17-1301
                2. Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
                3. Testify: Answer questions in court.
                4. Testimony: Evidence presented orally by witnesses during trials or before grand juries.
                5. Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
                6. Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
                7. True bill: Another word for indictment.
                8. United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
                9. Unloaded: means the rifle, shotgun or handgun does not have ammunition in the chamber, cylinder, clip or magazine, and no clip or magazine is in the immediate vicinity of the weapon. See Tennessee Code 39-17-1301
                10. Venue: The geographical location in which a case is tried.
                11. written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
                12. Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105