§ 8-1-2-61 — Complaint by utility; contents; notice; summary orders; public hearings; alternative pricing structures for retail energy service

(a) Any public utility may make complaint as
to any matter affecting its own rates or service. The petition or
complaint must include a statement as to whether the utility, if a
not-for-profit water utility or municipal utility, has any outstanding
indebtedness to the federal government. The public utility shall publish
a notice of the filing of such petition or complaint in a newspaper of
general circulation published in any county in which the public utility
renders service. An order affecting rates or service may be entered by
the commission without a formal public hearing, if:
(1) the utility is a not-for-profit water utility or a municipal utility;
and
(2) the utility has obtained written consent to obtain an order
affecting its rates from the commission without a formal hearing
from any agency of the federal government with which the utility
has outstanding evidence of indebtedness to the federal
government.
The commission may, however, on its own motion require a formal
public hearing, and shall, upon a motion filed by the utility consumer
counselor, by any public or municipal corporation, or by ten (10)
individuals, firms, corporations, limited liability companies, or
associations, or ten (10) complainants of all or any of these classes,
hold a formal public hearing with respect to any such petition or
complaint.
(b) In any general rate proceeding under subsection (a) which
requires a public hearing and in which an increase in revenues is
sought which exceeds the sum of two million five hundred thousand
dollars ($2,500,000), the commission shall conduct at least one (1)
public hearing in one (1) of the following, as determined by the
commission:
(1) The largest municipality located within the utility's service
area.
(2) The municipality containing the largest number of customers
served by the utility.
(3) The county containing the largest number of customers served
by the utility.
(c) In a proceeding brought by an energy utility (as defined in IC 8-1-2.5-2) under this section, the commission may approve:
(1) time-varying price structures and tariffs; or
(2) other alternative pricing structures and tariffs;
for retail energy service (as defined in IC 8-1-2.5-3), such as
time-of-use or off-peak pricing, critical peak pricing, variable peak
pricing, and real-time pricing.
Formerly: Acts 1913, c.76, s.64; Acts 1951, c.161, s.1; Acts
1963, c.187, s.1. As amended by Acts 1979, P.L.85, SEC.3;
P.L.103-1983, SEC.3; P.L.8-1993, SEC.109; P.L.94-2022, SEC.2;
P.L.87-2024, SEC.15.