Tenn. Comp. R. & Regs. 1220-04-14-.04

Current through June 26, 2024
Section 1220-04-14-.04 - ACQUISITION ADJUSTMENT
(1) The Commission may order an acquisition adjustment to be incorporated into the acquired rate base if the Commission determines such adjustment is warranted under the circumstances and will not result in unjust or unreasonable rates and charges for the acquiring utility or for customers.
(2) The Commission may consider the following factors when determining whether any acquisition adjustment should be incorporated into the acquired rate base:
(a) Cost savings or increases resulting from consolidation of the selling utility's system into the acquiring utility's operations;
(b) Improvements in public utilities services resulting from the acquisition;
(c) Remediation of public health, safety and welfare concerns of the selling utility's system resulting from the acquisition;
(d) Incentives for acquisition of a financially or operationally troubled system, which may be demonstrated by bankruptcy, receivership, financial distress, notice of violation, order of abatement, or inability to continue as a going concern of the selling utility;
(e) Amount of any assets contributed or donated to the selling utility included in the proposed acquisition transaction; and
(f) Any other measurable benefits, costs, or service changes affecting acquired and/or existing customers resulting from the acquisition.
(3) The Commission shall allow the acquiring utility to amortize any acquisition adjustment incorporated into the acquired rate base over a reasonable period of time not to exceed 20 years.

Tenn. Comp. R. & Regs. 1220-04-14-.04

New rules filed August 10, 2021; effective 11/8/2021.

Authority: T.C.A. §§ 65-2-102 and 65-5-101, et seq.