§ 8-1-2.5-7 — Termination of plan; exercise of jurisdiction over energy utility

Indiana § 8-1-2.5-7

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

Text

The commission may:
(1) on its own motion;
(2) at the request of the utility consumer counselor;
(3) at the request of the affected energy utility; or
(4) at the request of any class satisfying the standing requirements
of IC 8-1-2-54;
enter an order notifying an energy utility subject to an alternative
regulatory plan or over which jurisdiction was either limited or not
exercised under this chapter that the commission will proceed to
terminate the plan, or any part thereof, or exercise jurisdiction over the
energy utility or its retail energy service to the extent the public interest
requires, unless a formal request for a hearing is filed by the energy
utility with the commission not more than fifteen (15) days after the
date of the order. In the event that such a formal request is timely filed,
the commission shall hold a hearing concerning such matters and issue
its order thereon based upon the evidence introduced at the hearing.
However, if the commission has declined jurisdiction in whole or in
part or approved an alternative regulatory plan under this chapter for
a fixed term of years, such jurisdiction may be reimposed or the plan,
or any part of the plan, may be terminated before expiration of the term
only if material and irreparable harm to the energy utility, the energy
utility's customers, the state, or the safety of the energy utility's
workforce has been established.

Legislative History

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