§ 8-1-13-3 — Definitions

Indiana § 8-1-13-3

• Jurisdiction: Indiana
• Art. 1: UTILITIES GENERALLY
• Ch. 13: Rural Electric Membership Corporation Act

Text

The following terms whenever used or referred
to in this chapter have the following meanings, unless a different
meaning clearly appears from the context:
(a) "Corporation" means a corporation formed under this chapter.
(b) "Municipality" means any county, city, or town of this state.
(c) "Person" or "inhabitant" means natural persons, firms,
associations, corporations, limited liability companies, business trusts,
partnerships, and bodies politic.
(d) "Energy" means all electric energy no matter how generated or
produced.
(e) "System" means any plant, works, system, facilities, or
properties, together with all parts thereof and appurtenances thereto,
used or useful in the furnishing of services.
(f) "Obligations" means negotiable bonds, interim certificates or
receipts, notes, debentures, and all other evidences of indebtedness,
either issued or the payment thereof assumed by the corporation.
(g) "Law" means any law of this state.
(h) "Federal agency" means the United States of America, the
President of the United States of America, the federal emergency
administrator of public works and any other authority, agency, or
instrumentality of the United States of America, heretofore or hereafter
created.
(i) "Acquire" means construction, obtaining by purchase, lease,
devise, or gift, the exercise of the right of eminent domain in the
manner provided by law for the exercise thereof, or other mode of
acquisition.
(j) "Improve" means to construct, reconstruct, improve, extend,
enlarge, alter, better, or repair.
(k) "Board" means board of directors of a corporation formed under
this chapter.
(l) "Member" means each person signing the articles of
incorporation of a corporation and each person admitted to membership
therein pursuant to law and the corporation's bylaws.
(m) "Service" or "services" means the furnishing of energy or other
utility services incidental to development, operation, or maintenance
of utility infrastructure and the rendering of related engineering,
financial, accounting, economic development, or community
development services, or educational services and related materials or
equipment assisting in the establishment and maintenance of better
communication between corporations and their members, or any of the
same.
(n) "Territory", when modified by the phrase "already being served
with energy by any public or municipally owned utility", shall not be
construed to include territory served by an electric distribution line or
lines:
(1) acquired prior to March 1, 1980, from a public or municipally
owned utility by a corporation formed or admitted to do business
in this state under this chapter; or
(2) acquired on or after March 1, 1980, from a public or
municipally owned utility by such a corporation;
if the Indiana utility regulatory commission, after public hearing, finds
that public convenience and necessity would be best served by, and
authorizes, such acquisition, and if the electric distribution line or lines,
together with all other facilities proposed to be purchased, have a
reproduction cost new, less depreciation, of not more than three
hundred thousand dollars ($300,000) and are not located in whole or
in part in any city or town having a population in excess of one
thousand five hundred (1,500); however, the dollar and population
limitations do not apply if the acquisition is agreed to in all respects by
all affected electricity suppliers and is approved by the commission.
(o) "Commission" refers to the Indiana utility regulatory
commission.
Formerly: Acts 1935, c.175, s.3; Acts 1937, c.258, s.2; Acts
1945, c.155, s.1; Acts 1951, c.162, s.1; Acts 1953, c.23, s.1; Acts 1969,
c.116, s.1. As amended by Acts 1980, P.L.69, SEC.3; P.L.121-1987,
SEC.1; P.L.8-1993, SEC.123; P.L.95-1993, SEC.1; P.L.1-1994,
SEC.33; P.L.109-1995, SEC.1; P.L.81-1998, SEC.1; P.L.198-1999,
SEC.1; P.L.171-2017, SEC.1.