Tennessee Code Annotated

Title 65: Public Utilities and Carriers

Chapter 1: Tennessee Regulatory Authority

TCA 65-1-101: Creation -- Directors -- Appointments -- Vacancies -- Term of office.

(a) There is created the Tennessee regulatory authority consisting of five (5) part-time directors. The directors shall be appointed as follows: one (1) director shall be appointed by the governor, one (1) director shall be appointed by the speaker of the senate, one (1) director shall be appointed by the speaker of the house of representatives, and two (2) directors shall be appointed by joint agreement among the governor, the speaker of the senate and the speaker of the house of representatives. In making the appointments pursuant to this subsection (a), the governor, the speaker of the senate and the speaker of the house of representatives shall strive to ensure that the Tennessee regulatory authority is composed of directors who are diverse in professional or educational background, ethnicity, geographic residency, perspective and experience.

(b) Each director of the authority shall have at a minimum a bachelor's degree and at least three (3) years' experience in a regulated utility industry, in executive level management, or in one (1) or more of the following fields:

(1) Economics;

(2) Law;

(3) Finance;

(4) Accounting; or

(5) Engineering.

(c) The directors of the authority shall be state officers and, except for the staggered terms provided in subsection (h), shall serve six-year terms.

(d) The governor, the speaker of the senate, and the speaker of the house of representatives shall make appointments by April 1, prior to the expiration of the terms of office of the directors.

(e) The term of office of each director shall commence on July 1, following such director's appointment.

(f) All appointments of the directors shall be confirmed by joint resolution adopted by each house of the general assembly within thirty (30) days after the appointment.

(g) Any vacancy on the authority shall be filled by the original appointing authority for such position to serve the unexpired term and each appointment shall be confirmed in the same manner as the original appointment. If, however, the general assembly is not in session and a vacancy occurs, the appropriate appointing authority shall fill such vacancy by appointment and the appointee shall serve the unexpired term, unless the appointment is not confirmed within thirty (30) days after the general assembly convenes following the appointment to fill such vacancy.

(h) The terms of current directors appointed during 2008 and directors appointed during 2012 shall be staggered and shall expire as follows:

(1) The terms of the existing directors appointed by the speaker of the house of representatives and the speaker of the senate shall expire on June 30, 2014;

(2) The term of the existing director appointed by the governor shall expire on June 30, 2017;

(3) The terms of the joint directors commencing on July 1, 2012, shall expire on June 30, 2018.

(i) A director shall continue to serve until the director's successor is appointed.

History: Acts 1995, ch. 305, SCSC 4, 5; 2002, ch. 826, SC 3; T.C.A. SC 65-1-201; Acts 2012, ch. 1070, SC 1.