Commencement Of Contested Cases

(1) The Commission may commence a contested case at any time concerning any matter within its jurisdiction. (2) The Commission may commence a contested case upon the initial petition of any person, unless: (a) The Commission lacks jurisdiction over the subject matter; (b) As a matter of law, no hearing is required for the disposition of the matter; (c) The relief which the petition seeks is on its face barred as a matter of law; (d) The initial petition was not submitted in a form substantially complying with any applicable provisions of law; or (e) The appropriate fees did not accompany the initial petition. (3) If an initial petition does not expressly request the commencement of a contested case, it shall be deemed to include such a request to the Commission to conduct an appropriate contested case, provided the proceeding is warranted by law and meets the statutory criteria. (4) Upon the filing of a contested case, the petitioner and each respondent are under a duty to hold and preserve all documents, records, books, tangible things, and materials, including electronically stored, in its possession on any matter relevant to the subject matter involved, whether it relates to a claim or a defense of any party. (5) A tariff filing does not constitute a contested case; however, any interested person may object to the tariff filing by filing a complaint before the proposed effective date of the tariff. Any complaint shall state the nature of the interest, the grounds for any such objection, and the relief sought. A copy of the complaint shall be served on the company filing the tariff. The company filing the tariff shall have the right to respond to such complaint. It shall be within the discretion of the Commission to convene a contested case. (6) If the Commission determines on its own initiative not to convene a contested case in response to a complaint or initial petition, the Commission shall enter an order dismissing the complaint or petition and state the basis of the Commission’s action. (7) Upon filing an initial petition that gives rise to a contested case proceeding, as defined in T.C.A. §§ 65-2-101(2) or 4-5-102(3), including a motion or petition for a show cause order under T.C.A. § 65-2-106, the petition will be referred to the General Counsel or their designee as Hearing Officer on the merits, as appropriate, or to prepare the matter for a hearing before the assigned panel of Commissioners. When preparing the matter, the Hearing Officer is authorized to address preliminary matters, including, but not limited to, a determination of jurisdiction, issuance of a show cause order, dispositive motions, consideration of requests for protective orders, intervention, discovery matters, and to establish a procedural schedule.