§ 8-1-2-61.7 — Petition for review of rates and charges for wholesale sewage service contracts

Indiana § 8-1-2-61.7

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

Text

7. (a) As used in this section, "utility" refers
to a wastewater utility that:
(1) is owned or operated by a political subdivision (as defined in
IC 36-1-2-13); and
(2) is not under the jurisdiction of the commission for the
approval of rates and charges.
(b) As used in this section, "wholesale sewage service" means the
collection, treatment, purification, and disposal in a sanitary manner of
liquid and solid waste, sewage, night soil, and industrial waste
provided by a utility to another utility.
(c) A utility that:
(1) either provides or receives wholesale sewage service; and
(2) negotiates to renew or enter into a new contract for wholesale
sewage service on expiration of a contract for the same wholesale
sewage service;
may file a petition for review of rates and charges for wholesale sewage
service with the commission or the circuit or superior court with
jurisdiction in the county where the utility has its principal office.
(d) If a utility files a petition under subsection (c), the following
apply:
(1) The utility that provides the wholesale sewage service has the
burden of proving that the rates and charges are just and
reasonable.
(2) A petition concerning the same rates and charges may not be
filed with both the commission and a court.
(3) If multiple petitions concerning the same rates and charges are
filed, all petitions filed after the first petition filed must be:
(A) consolidated with the first petition filed; and
(B) heard in the forum in which the first petition was filed.
(4) The petition is not subject to IC 36-9-23 or IC 36-9-25.
However, the petition may be subject to IC 8-1.5-6.
(5) If the petition is heard by a court, the court shall hear the
petition de novo.
(e) After notice and hearing, the commission may issue an order
determining whether the rates and charges that are the subject of a
petition filed with the commission under subsection (c) are just and
reasonable. The order of the commission is a final order for purposes
of IC 8-1-3.
(f) This section does not:
(1) authorize the commission to revise rates and charges of a
utility for any other purpose other than as stated in this section; or
(2) otherwise return or subject a utility to the jurisdiction of the
commission.
(g) The commission may adopt rules under IC 4-22-2 to implement
this section.

Legislative History

As added by P.L.251-2013, SEC.1. Amended by P.L.213-2014, SEC.1.