Section 1220-04-04-.54 - PROCEDURES FOR INTERVENOR REIMBURSEMENT(1) Within ten (10) days of an Authority order determining costs incurred by a consumer intervenor, said party shall file a memorandum of costs with the Chair of the Authority detailing attorneys' fees, expert witness fees and other reasonable costs for which compensation is claimed. Copies of the memorandum of costs must be served on all affected utilities. Any affected utility may file an objection to the reasonableness of any fee or cost within ten (10) days of the filing of the memorandum of costs.
(2) Within thirty (30) days of its original order, the Authority shall, after considering the memorandum of costs and any objections thereto, issue an order setting out the amount of the determination, and if necessary, allocating that amount among the various affected utility companies.(3) Fees and costs paid to consumer intervenors by the affected utility(s) will be treated as operating expenses recoverable in the utility's next general rate case. Attorneys' fees and expert witness fees shall be based upon prevailing market rates in Tennessee for the kind and quality of services rendered. All other expenses reasonably incurred in proceedings pursuant to this rule - including, but not limited to, staff time, printing costs, postage, and travel, - shall be based on the actual costs incurred by the intervenor(s). In no case shall said costs exceed the market rate.
(4) Payment of costs under this rule maybe made by the affected utility company or companies within forty-five (45) days of the date on which an Authority Order issues pursuant to 1220-4-4.54 (2) of this rule or in accordance with a payment schedule set by the Authority. If costs are not paid within the applicable time limit, the entitled consumer intervenor may initiate appropriate court proceedings pursuant to 16 U.S.C. §2632(a)(2).Tenn. Comp. R. & Regs. 1220-04-04-.54
Original rule certified October 20, 1983; effective January 16, 1984. Amendment filed October 30, 2000; effective January 13, 2001. Editorial changes made by the Secretary of State pursuant to Public Chapter 826 of 2002 by replacing Executive Secretary with Chair of the Authority: effective March 28, 2003.Authority: T.C.A. §§ 65-2-102, 65-4-104, and 65-4-105.