TRA rules — it's a public utility — if FGCC wastewater system goes outside bounds of Fairfield Glade

By Clayta Richards / crichards@crossville-chronicle.com

April 16, 2008 04:45 pm

— On Sept. 14, 2007, Gerry Miller, acting on behalf of the "Committee for a Better Fairfield Glade," sent a letter of inquiry to the Tennessee Regulatory Authority (TRA) regarding the status of Fairfield Glade Community Club's (FGCC) wastewater treatment facilities if sewer is extended to the new grocery store and other interests outside the boundaries of Fairfield Glade.
Six months later a response was received from TRA. The letter from the Authority's legal counsel Shilina Brown, dated March 28, 2008, states: "In the event that Fairfield Glade Community Club contracts to provide wastewater treatment service beyond the community's property owners to one or more commercial establishments or to another residential community, FGCC would be defined as a 'public utility' for the purposes of having to obtain a Certificate of Public Convenience and Necessity (CCN) under Tennessee Code Annotated § 654-201 and being subject to regulation, as a public utility, from the Tennessee Regulatory Authority.
"Based on the information provided, FGCC is required to apply for a CCN from the TRA prior to providing wastewater services in Cumberland County, Tennessee to entities outside of the subdivision."
The letter provided complete details to Miller for FGCC to make contact with the regulatory agency to achieve all necessary approvals and documents.
The Glade Sun spoke to Dr. David Prigg, FGCC board president, and General Manager Harvey Hoffman on Friday. Dr. Prigg asked for an opportunity to speak to his board members during this week before he provides a public response. Dr. Prigg and Hoffman did provide plans for the sewer extension, which had received Tennessee Department of Economic Development (TDEC) approval, and felt they had followed all regulations.
However, after the Glade Sun e-mailed TRA legal counsel Brown asking if Tennessee has a one-stop-shop for businesses so they will know all permits/licenses/etc. required of them during any particular project, she responded by e-mail: "Please be advised that the requirements of TDEC and the TRA are not the same. We are two separate and distinct state agencies. FGCC is still required to obtain a CCN from the TRA. Further, it is incumbent upon FGCC to file an application to obtain a CCN from the TRA."