§ 8-1-2.3-4 — Service area rights

Indiana § 8-1-2.3-4

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

Text

Service Area Rights. (a) As long as an
electricity supplier continues to provide adequate retail service, it shall
have the sole right to furnish retail electric service to each present and
future consumer within the boundaries of its assigned service area and
no other electricity supplier shall render or extend retail electric service
within its assigned service area unless the electricity supplier with the
sole right consents thereto in writing and the commission approves.
This subsection does not prevent the commission from exercising its
authority under IC 8-1-2-69.
(b) If an electricity supplier unlawfully renders or extends retail
electric service within the assigned service area of another electricity
supplier, the electricity supplier which has the sole right to furnish
retail electric service in that assigned service area may bring an action
in the circuit or superior court of the county where such assigned
service area is located to enjoin the other electricity supplier from
rendering or extending such unlawful retail electric service.
If a violation is proved, the violator shall pay to the aggrieved
electricity supplier the gross revenues derived by the violator from the
sale of electric service within the assigned service area of the aggrieved
electricity supplier, all witness fees, court costs and reasonable
attorneys' fees incurred in any litigation brought to enforce this section.
Payment of damages, fees and costs does not entitle a violator to
furnish retail electric service in such assigned service area. All such
actions or proceedings must be brought within three (3) years after the
violation occurs.
As added by Acts 1980, P.L.69, SEC.1.