§ 8-1-2.5-5 — Commission's order declining jurisdiction

Indiana § 8-1-2.5-5

• Jurisdiction: Indiana
• Art. 1: UTILITIES GENERALLY
• Ch. 2.5: Alternative Utility Regulation

Text

(a) Notwithstanding any other law or rule
adopted by the commission, except those cited, or rules adopted that
pertain to those cited, in section 11 of this chapter, on the request of an
energy utility electing to become subject to this section, the
commission may enter an order, after notice and hearing, that the
public interest requires the commission to commence an orderly
process to decline to exercise, in whole or in part, its jurisdiction over
either the energy utility or the retail energy service of the energy utility,
or both.
(b) In determining whether the public interest will be served, the
commission shall consider the following:
(1) Whether technological or operating conditions, competitive
forces, or the extent of regulation by other state or federal
regulatory bodies render the exercise, in whole or in part, of
jurisdiction by the commission unnecessary or wasteful.
(2) Whether the commission's declining to exercise, in whole or
in part, its jurisdiction will be beneficial for the energy utility, the
energy utility's customers, or the state.
(3) Whether the commission's declining to exercise, in whole or
in part, its jurisdiction will promote energy utility efficiency.
(4) Whether the exercise of commission jurisdiction inhibits an
energy utility from competing with other providers of functionally
similar energy services or equipment.

Legislative History

As added by P.L.108-1995, SEC.3.