§ 32-30-16-17 — Broadband Internet service made available by electricity supplier; separate legal entity or accounting system required; annual audit; allocation method; confidential or proprietary information

Indiana § 32-30-16-17

• Jurisdiction: Indiana
• Title 32: PROPERTY
• Art. 30: CAUSES OF ACTION CONCERNING REAL
• Ch. 16: Utility Easements

Text

(a) This section:
(1) applies only to an electricity supplier that uses the procedures
set forth in this chapter; and
(2) does not apply to:
(A) an electricity supplier;
(B) a subsidiary of an electricity supplier; or
(C) any other affiliated entity of an electricity supplier;
that does not use the procedures set forth in this chapter.
(b) An electricity supplier described in subsection (a)(1) shall, either
acting by itself or in conjunction with one (1) or more other entities:
(1) form a separate legal entity; or
(2) maintain a separate accounting system;
with respect to the provision of broadband Internet service that is made
available by the electricity supplier, alone or in conjunction with one
(1) or more other legal entities, within all or any part of the electricity
supplier's electric service territory in accordance with this chapter.
(c) An entity that provides broadband Internet service under
subsection (b), whether that entity is a separate legal entity formed
under subsection (b)(1) or an electricity supplier acting alone or in
conjunction with one or more other legal entities, shall cause to be
performed an annual audit of the entity's financial records concerning
only the provision of broadband Internet service by the entity. A
summary of the audit results required under this subsection shall be
made available to a member of the electricity supplier described in
subsection (a)(1) upon request. An entity that provides broadband
Internet service under this chapter, including any affiliated electricity
supplier of the electricity supplier described in subsection (a)(1), has
discretion in choosing an allocation method for recording any:
(1) expenses;
(2) income;
(3) assets;
(4) liabilities; or
(5) other financial items;
including those related to electric facilities that are or may be used for
the provision of broadband Internet service in accordance with this
chapter.
(d) This section may not be construed to require an electricity
supplier or an entity that provides broadband Internet service under
subsection (b) to disclose to any person, member, or entity any
confidential or proprietary information that is not otherwise available
in the public domain.

Legislative History

As added by P.L.236-2017, SEC.1.