§ 8-1-2-61.5 — Rate orders; formal public hearing; adoption of rules

Indiana § 8-1-2-61.5

• Jurisdiction: Indiana
• Art. 1: UTILITIES GENERALLY
• Ch. 2: Utility Regulation

Text

5. (a) An order affecting rates of service may
be entered by the commission without a formal public hearing in the
case of any public or municipally owned utility that:
(1) either:
(A) serves less than eight thousand (8,000) customers; or
(B) has initiated a rate case on behalf of a single division of the
utility and that division:
(i) serves less than five thousand (5,000) customers;
(ii) has a commission-approved schedule of rates and charges
that is separate and independent from that of any other
division of the utility; and
(iii) itself satisfies subdivisions (2) and (3);
(2) primarily provides retail service to customers; and
(3) does not serve extensively another utility.
(b) The commission may require a formal public hearing on any
petition or complaint filed under this section concerning a rate change
request by a utility upon the commission's own motion or upon motion
of any of the following:
(1) The utility consumer counselor.
(2) A public or municipal corporation.
(3) Ten (10) individuals, firms, limited liability companies,
corporations, or associations.
(4) Ten (10) complainants of any class described in this
subsection.
(c) A not-for-profit water utility or a not-for-profit sewer utility must
include in its petition a statement as to whether it has an outstanding
indebtedness to the federal government. When an indebtedness is
shown to exist, the commission shall require a formal hearing, unless
the utility also has included in its filing written consent from the agency
of the federal government with which the utility has outstanding
indebtedness for the utility to obtain an order affecting its rates from
the commission without a formal hearing.
(d) Notwithstanding any other provision of this chapter, the
commission may:
(1) on the commission's own motion; or
(2) at the request of:
(A) the utility consumer counselor;
(B) a water or sewer utility described in subsection (a);
(C) ten (10) individuals, firms, limited liability companies,
corporations, or associations; or
(D) ten (10) complainants of any class described in this
subsection;
adopt a rule under IC 4-22-2, or issue an order in a specific proceeding,
providing for the development, investigation, testing, and use of
regulatory procedures or generic standards with respect to water or
sewer utilities described in subsection (a) or their services.
(e) The commission may adopt a rule or enter an order under
subsection (d) only if it finds, after notice and hearing, that the
proposed regulatory procedures or standards are in the public interest
and promote at least one (1) of the following:
(1) Utility cost minimalization to the extent that a utility's quality
of service or facilities are not diminished.
(2) A more accurate evaluation by the commission of a utility's
physical or financial conditions or needs.
(3) A less costly regulatory procedure for a utility, its consumers,
or the commission.
(4) Increased utility management efficiency that is beneficial to
consumers.

Legislative History

As added by P.L.88-1985, SEC.5. Amended by P.L.116-1987, SEC.1; P.L.107-1989, SEC.1; P.L.8-1993, SEC.110; P.L.159-1999, SEC.1; P.L.226-2001, SEC.1; P.L.229-2019, SEC.1.