Tennessee Regulatory
Authority Legal Division
Dennis
P. McNamee, General Counsel 1997 to 2000
Mission:
The Legal Division has
the responsibility to provide in-house counsel to the
Commissioners of the Authority. Lawyers from the
Division also represent the Commissioners, in their
official capacity, in the Court of Appeals, the
Tennessee Supreme Court, Chancery Courts, and Federal
Courts. The Legal Division may represent the
Authority before the FCC and the Federal Energy
Regulatory Commission. The General Counsel or his
designee may be appointed to sit as a Hearing Officer
or Administrative Law Judge. A lawyer from the
Division sits on the legislative team and is
responsible for bill analysis as requested by the
Legislative Fiscal Review Committee.
Accomplishments
The most significant
accomplishment of 1997, was the Legal Divisions
participation in the implementation of three
companion telecommunications Universal Service
dockets under Tenn. Code Ann. § 65-5-207. The first
docket, titled "Universal Service,"
implements both the State statutory requirements and
the Federal requirements under the Telecommunications
Act of 1996, known as 47 U.S.C. § 251, et.
seq., and implemented by Federal Communications
Commission (FCC) Order 97-157. This docket has
resulted in Orders providing eligibility for federal
funding for schools and libraries, the designation of
eligible telecommunications carriers which can
receive federal universal service funds, preservation
of, and increases in, federal subsidies for lifeline
service, and self certification of rural telephone
companies. The second of the Universal Service
dockets is one which establishes permanent prices for
interconnection of telecommunications networks and
unbundled network elements. This docket is in
progress at the present time and will complete the
Hearing process in early 1998. The third of the three
dockets is one which concerns access charge reforms
in the telecommunications arena between
interconnected carriers. This docket has had initial
procedural conferences and will be continued into
1998.
Federal Cases
• Iowa
Utilities Board, et al., v. Federal Communications
Commission and U.S.A.,
No 96-3321 (Eighth
Circuit Court of Appeals, 1996)
• AT&T
Corp., et al. v Iowa Utilities Board, et al.,
consolidated cases nos. 97-826, 97-829,
97-830, and 97-831, On
Petitions for a Writ of Certiorari to the United
States Court of
Appeals for the Eighth
Circuit (United States Supreme Court, October Term,
1997)
• BellSouth
Telecommunications, Inc. v. TRA , CV3-97-0523
(Sixth Circuit
Court of Appeals,
1997)
• AT&T
Communications of the South Central States v TRA,
CV3-97-0616 (Sixth Circuit
Court of Appeals,
1997)
• MCI
Telecommunications Corporation v. AT&T of
the South Central States v TRA
CV3-97-0616
counterlaim (Sixth Circuit Court of Appeals, 1997)
State Cases
• Consumer
Advocate et al. v. TRA, Appeal No.
01-A-01-9708-BC-00391 (Tenn. Court of
Appeals, Middle
District at Nashville, 1997)
• BellSouth
Telecommunications, Inc. v. TRA, Appeal No.
01-A-01-9509-BC-00400 (Tenn
Court of Appeals,
Middle District at Nashville, 1996)
• BellSouth
Telecommunications, Inc. v. TRA, Appeal No.
01-A-01-96-1-BC-00008 (Tenn
Court of Appeals,
Middle District at Nashville, 1996) (decision pending
appeal to Tennessee
Supreme Court)
• AT&T
Communications of the South Central States v TRA,
Appeal No. 01-A-01-9512-BC-
00556 (Tenn Court of
Appeals, Middle District at Nashville, 1996)
Legal Advisor
• Total of 168
cases of which 125 required continuing research,
document preparation, and
counsel to the
Directors by members of the Legal Division. These
cases included:
• Petition of
Chattanooga Gas Company for approval of Large
Customer Contracts
with Archer Daniels
Midland Company, Southern Cellulose Products, Inc.,
Bunge
Foods Corp., and
Velsicol Chemical Corp.;
• Show Cause
Proceeding against Gasco Distribution System;
• Tariffs
requiring Reclassification of pay telephone service
as required by FCC Order 96-439;
•Universal
Service Generic Contested Case;
•BellSouth
Telecommunications, Inc., Petition to Convene a
Contested Case
Proceeding to
Establish "Permanent Prices" for
Interconnection and Unbundled
Network Elements;
•Tariffs by
AT&T, MCI and Sprint to implement the public
payphone surcharge in
compliance with FCC
Order under Docket 96-128;
• Atmos Energy
Corp., to Establish an Experimental Performance-Based
Ratemaking
Mechanism;
•Multiple
applications for Certificates of Public Necessity and
Convenience.
•Approval of
Interconnection Agreements not subject to
arbitration.
Members of the Legal
Division were appointed to act as a Hearing Officer
or Administrative Law Judge in eight cases.
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