§ 8-1-2.7-10 — Confirmation of withdrawal

Indiana § 8-1-2.7-10

• Jurisdiction: Indiana
• Art. 1: UTILITIES GENERALLY
• Ch. 2.7: Local Water Corporations; Indiana Utility Regulatory

Text

(a) If a utility successfully withdraws from
commission jurisdiction, the board of directors shall, within five (5)
days of the meeting, send written confirmation to the secretary of the
commission containing the following information:
(1) The total membership or number of shareholders of the utility.
(2) The total number of members or shareholders:
(A) present at the meeting; and
(B) voting by absentee ballot.
(3) The vote totals both for and against withdrawal.
(4) Written verification of notice of the meeting.
(5) An affidavit, signed by all of the members of the board of
directors, stating that all of the requirements of this chapter have
been met.
(b) If a utility successfully withdraws from commission jurisdiction,
the utility is not required to pay the public utility fee imposed under IC 8-1-6.
(c) Notwithstanding any other provision of this chapter, a utility
described in section 1.3(a)(2) of this chapter that has withdrawn from
commission jurisdiction remains subject to commission jurisdiction
with regard to the requirements of IC 8-1-2-89(f).
(d) Whenever two (2) or more utilities described in section 1.3(a)(1)
or 1.3(a)(2) of this chapter propose to consolidate, and at least one (1),
but not all of the utilities have withdrawn from commission
jurisdiction, then the following apply:
(1) For purposes of the consolidation, all of the utilities are under
the commission's jurisdiction.
(2) The new corporation that is formed as a result of the
consolidation is under the commission's jurisdiction for all
purposes and must fully comply with this chapter in order to
withdraw from commission jurisdiction.
(e) If two (2) or more utilities described in section 1.3(a)(1)(C) or
1.3(a)(2)(C) of this chapter propose to consolidate, and all of the
cooperatives have withdrawn from commission jurisdiction, the new
utility continues to operate outside the commission's jurisdiction under
the terms of this section.
(f) The commission's approval is not required for consolidation of
two (2) or more utilities that have all withdrawn from commission
jurisdiction.

Legislative History

As added by P.L.108-1989, SEC.1. Amended by P.L.80-1997, SEC.13; P.L.82-1997, SEC.13; P.L.159-1999, SEC.12; P.L.60-2024, SEC.5.