Re Formal Complaint by Kings Chapel Capacity, LLC Against by cln12100


									                @ e k p - at law
                      Attorneys ,                                 .;
                                     109 ~leburne  Street
                                  Franklin, Tennessee 37064
                           Phone (615) 599-7719 Fax (615) 595-9195

                                     March 6,2007

Sara Kyle, Chairman
Tennessee Regulatory Authority
460 James Robertson Parkway
Nashville, Tennessee 372 19

       Re:    Formal Complaint by Kings Chapel Capacity, LLC Against Tennessee
              Wastewater Services Regarding Abuse of Its CCN
              Docket No. 05-00016

Dear Chairman Kyle:

       Enclosed you will find the original and thirteen copies of the Petition of
Intervention of B&B Concrete Products, Inc..

       Please contact me if you need additional information.


                                             F. Shayne Brasfield
                                             Attorney for B&B Concrete Products Inc.
                                                                                       4  ,f
                                                                                       4 ,@+

                                                                                       i     ;
Cc: Parties of Record

IN RE: FORMAL COMPLAINT BY KINGS                             1
CHAPEL CAPACITY, LLC AGAINST                                 ) DOCKET NO. 05-00016
TENNESSEE WASTEWATER SYSTEMS                                 1
REGARDING ABUSE OF ITS CCN                                   )

                              PETITION TO INTERVENE

       Pursuant to T.C.A. 4-5-310(3)(b) B &
                                                B Concrete Products Inc., hereby pet&ns          I.' .


                                                                                       C         *       ..   a   i
to intervene in the above captioned proceeding.                                        t             I            t
                                                                                       --        L3

                                                                              r-: -7
       B&B Concrete Products Inc. is an independent marketer and manufacturer d,;
wastewater parts and materials. B&B Concrete Products Inc. competes with ~enn&iee
                                                                             -*        I

Wastewater Systems ("TWS") and/or its unregulated affiliates to provide wastewater

parts and materials to developers and end users. The policies and decisions of the

Tennessee Regulatory Authority regarding the abuse of TWS' CCN affect the

competitive environment for an unregulated provider of wastewater parts and materials

such as B&B Concrete Products Inc. The resolution of these abuse issues in this docket

may affect Petitioner's legal rights, duties, privileges, immunities, or other legal interests

and may be determined in this proceeding.

       The granting of this Petition will not impair the interest of justice or the orderly

and prompt conduct of these proceedings.

        Wherefore, the Petitioner respectfully prays that the Authority grant its Petition to

Intervene and grant such other relief as may be appropriate.
           Notices and other communications regarding this Petition to Intervene should be

sent to:

                                     F. Shayne Brasfield
                                   Brasfield & Milazo, PC.
                                       109 Cleburne St.
                                     Franklin, T N 37064
                                       (615) 599-7719

                                                Respectfully Submitted,
                                                B&B Concrete Products, Inc.

                                                   e ~ r a s f HJohn M. Milazo
                                                      ~ s
                                           ~ k o i e f&&~ Concrete Products In

                               CERTIFICATE OF SERVICE

       I hereby certify that a true and exact copy of the foregoing has been hand-
delivered, e-mailed or faxed to the following parties of interest on this      day of
March, 2007.

           John Powell
           Kings Chapel Capacity, LLC
           1413 Plymouth Drive
           Brentwood, TN 37027

           Henry Walker
           Boult, Curnrnings, Conners & Berry
           1600 Division Street, Suite 700

           PO Box 340025
           Nashville, TN 37023

                                                  . S yne Brasf     / John M. Milazo

To top