Tennessee § 65-34-102 - Chapter definitions.

§ 65-34-102. Chapter definitions.

As used in this chapter, unless the context otherwise requires: “Current geographic territory” means the parcels of land, as such parcels are defined or designated by the assessor of property of the county in which the parcels are located, to which a public electric system was providing electric service on February 16, 1989. In any case in which more than one (1) public electric system was providing electric service to a parcel of land on such date, the parcel shall be included within the current geographic territory of the public electric system that first provided electric service to such parcel. Should a public electric system enter into an agreement authorized by § 65-34-108, the current geographic territory of that public electric system shall be modified as provided in that agreement; “Electric and community service cooperative” has the meaning set forth in § 65-25-102(4); “Municipal electric system” means any electric system owned by any county, municipality, power district, or other subdivision of Tennessee; “Non-consumer owned electric system” means any public electric system other than electric and community service cooperatives and municipal electric systems; and “Public electric system” includes electric and community service cooperatives, municipal electric systems, and every individual, co-partnership, association, corporation or joint stock company, their lessees, trustees or receivers, appointed by any court whatsoever, that own, operate, manage, or control any electric power system, plant, or equipment within Tennessee affected by and dedicated to public use. Acts 1989, ch. 230, § 2. Attorney General Opinions. A solar electricity generating facility that comes within the statutory definition of “public electric system” is prohibited from selling power in certain geographical territories. Whether its property is “affected by and dedicated to public use” will depend on a variety of factors, specific to each case. The fact that it provides power “directly and exclusively to owners and/or tenants located on the same or adjacent premises” is just one of many factors to be considered but is not alone determinative of whether or not its property is affected by and dedicated to public use. If the owner of a solar electricity generating facility is a public electric system as defined in T.C.A. § 65-34-102(5) , it would likewise be a public utility as defined in T.C.A. § 65-4-101(6)(A) unless it were to come within one of the many statutory exceptions detailed in T.C.A. § 65-4-101(6)(A) (i) through (B)(ii). OAG 17-25, 2017 Tenn. AG LEXIS 24 (4/10/2017).