§ 8-1-2.3-3 — Assigned service areas

Indiana § 8-1-2.3-3

• Jurisdiction: Indiana
• Art. 1: UTILITIES GENERALLY
• Ch. 2.3: Electricity Suppliers' Service Area Assignments

Text

Assigned Service Areas. (a) Unless otherwise
agreed upon between adjacent electricity suppliers, all areas inside
existing municipal limits are hereby assigned to the electricity supplier
serving a plurality of the electric meters within the municipality on
January 1, 1979.
(b) Where two (2) or more electricity suppliers are rendering retail
electric service within existing municipal limits, those suppliers shall
take one (1) or more of the following actions to assure that only one (1)
electricity supplier shall serve within the existing municipal limits:
(1) The electricity supplier serving a plurality of electric meters
within the municipality on January 1, 1979, may purchase the
electric utility property of any other electricity supplier which is
devoted to retail electric service and is located within the existing
municipal limits, at its then reproduction cost new depreciated
value plus severance damages.
(2) At the option of the electricity supplier serving a plurality of
electric meters within the municipality on January 1, 1979, and
subject to commission approval, the electricity suppliers may
exchange all or part of the electric utility property located outside
of the existing municipal limits for the electric utility property
located within the existing municipal limits.
(3) If the affected electricity suppliers do not agree upon a
purchase or exchange of the electric utility property before
September 1, 1980, the commission shall determine the
appropriate purchase price for the electric utility property
according to subsection (b)(1) of this section.
(c) On or before July 1, 1981, each electricity supplier in each
county shall exchange with all other electricity suppliers in the county
a map or maps showing all of its existing electric distribution lines in
the county which are relevant to the assignment of service areas outside
existing municipal limits and any other information it considers useful
in determining the boundaries of an assigned service area.
(d) Until otherwise agreed upon between electricity suppliers or
ordered by the commission under section 3(g) of this chapter, the
boundaries of the assigned service area for each adjacent electricity
supplier outside existing municipal limits shall be set as a line
equidistant from its existing electric distribution lines and the nearest
existing electric distribution lines of any other electricity supplier; the
resulting assigned service area outside existing municipal limits of an
electricity supplier will be that area which is closer to the existing
electric distribution lines of a supplier than to the existing electric
distribution lines of any other electricity supplier.
(e) Each electricity supplier shall negotiate with all adjacent
electricity suppliers as soon as practicable in an effort to agree on the
boundaries of the service areas to be assigned.
(f) Maps depicting the boundaries of such proposed service area
assignments shall be prepared by each electricity supplier for each
county in which the electricity supplier provides electric retail service,
and shall be filed, together with a petition requesting approval and
assignment of such service areas with the commission on or before July
1, 1982, or on such other date as the commission may determine, but
in any event on or before March 1, 1983. Thereafter, the commission
shall hold a public hearing regarding the proposed service areas, after
publication of notice of the hearing at least ten (10) days before the
hearing in the county or counties in which such proposed service areas
are located. If the commission finds that the proposed service areas
comply with this chapter, it shall issue an order within twelve (12)
months of the filing of the petition and related maps, approving and
assigning the service areas as designated on the prepared maps.
(g) If two (2) or more adjacent electricity suppliers cannot agree
upon the boundary line or lines between their respective proposed
service areas on or before July 1, 1982, or such other date as the
commission may determine, but in any event on or before March 1,
1983, the commission on its own motion or upon petition of one (1) of
the electricity suppliers shall hold a public hearing regarding the
location of the boundary line or lines, after publication of notice of the
hearing at least ten (10) days before the hearing in the county or
counties in which the boundary line or lines are located. The
commission shall determine the boundary line or lines based as nearly
as practicable upon a line equidistant between the existing electric
distribution lines of the adjacent electricity suppliers, consistent with
good utility practice and public convenience and necessity. The
commission shall issue an order determining the boundary line or lines
and assigning the service areas, and shall direct the parties to file with
the commission maps showing such assigned service areas. If the
commission determines that the maps comply with its order, it shall
issue a supplemental order approving the assigned service areas as
designated on the maps.
(h) Once established according to this section, the boundaries of
assigned service areas may not be changed except as provided in
section 6 of this chapter.
As added by Acts 1980, P.L.69, SEC.1. Amended by Acts 1982,
P.L.71, SEC.1.