Tennessee § 65-4-104 - Commission's jurisdiction and control of public utilities.

§ 65-4-104. Commission's jurisdiction and control of public utilities.

The commission has general supervisory and regulatory power, jurisdiction, and control over all public utilities, and also over their property, property rights, facilities, and franchises, so far as may be necessary for the purpose of carrying out the provisions of this chapter. However, such general supervisory and regulatory power and jurisdiction and control shall not apply to street railway companies. Any investor-owned electric power company serving Tennessee customers on the western side of the Mississippi River shall provide those Tennessee customers with the same level of service and charge the same rates as the power company provides and charges similarly situated customers in Arkansas. Upon a finding that an investor-owned electric power provider has engaged in unjust or unreasonable discrimination in service or rates in violation of subdivision (b)(1), the commission may order changes in the provider's services or rates to those Tennessee customers as necessary to enforce subdivision (b)(1). The commission's jurisdiction over an investor-owned electric power company serving Tennessee customers on the western side of the Mississippi River is limited to hearing a complaint alleging a violation of subdivision (b)(1) and granting appropriate relief as provided in subdivision (b)(2). Nothing in this subsection (b) removes the duty of any investor-owned electric power company to pay any required inspection and supervision fee to the commission as required by part 3 of this chapter. Nothing in this subsection (b) removes the duty of any investor-owned electric power company to pay its otherwise appropriate Tennessee state or local taxes. Acts 1919, ch. 49, § 3; Shan. Supp., § 3059a85; Code 1932, § 5447; Acts 1943, ch. 51, § 1; C. Supp. 1950, § 5447; impl. am. Acts 1955, ch. 69, § 1; T.C.A. (orig. ed.), § 65-404; Acts 1995, ch. 305, § 20; 2017, ch. 94, § 51; 2017, ch. 98, § 1. Compiler's Notes. For the Preamble to the act concerning rates of investor-owned utility companies, please refer to Acts 2017, ch. 98. Amendments. The 2017 amendment by ch. 94 substituted “The commission” for “The authority” at the beginning of (a). The 2017 amendment by ch. 98 added (b). Effective Dates. Acts 2017, ch. 94, § 83. April 4, 2017. Acts 2017, ch. 98, § 2. July 1, 2017. Textbooks. Tennessee Jurisprudence, 10 Tenn. Juris., Electricity, § 2; 19 Tenn. Juris., Monopolies and Restraints of Trade, § 4; 21 Tenn. Juris., Public Service Commissions § 5. Law Reviews. Symposium -- Memphis in the Law: The Process of Determining What Process is Due: The Continuing Saga of Memphis Light, Gas & Water Division v. Craft, 436 U.S. 1 (1978) (Donna Harkness), 41 U. Mem. L. Rev. 745 (2011).