Indiana § 8-1-2.7-9 Effect of withdrawal

Indiana Statutes

§ 8-1-2.7-9 — Effect of withdrawal

Indiana § 8-1-2.7-9

Art. 1UTILITIES GENERALLY

Ch. 2.7Local Water Corporations; Indiana Utility Regulatory

This text of Indiana § 8-1-2.7-9 (Effect of withdrawal) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 8-1-2.7-9 (2026).

Text

(a)Except as provided under subsection (c) or section 15 of this chapter, when a utility successfully withdraws from commission jurisdiction, the commission does not have authority to regulate the following:

(1)Rates and charges.

(2)Stocks, bonds, notes, or other evidence of indebtedness.

(3)Rules.

(4)The annual report filing requirement.

(b)When the number of patrons served by a withdrawn utility described in section 1.3(a)(1)(A) or 1.3(a)(2)(A) of this chapter reaches five thousand (5,000), the utility:

(1)becomes subject to the annual report filing requirement described in IC 8-1-2-16; and

(2)shall immediately notify the commission of the number of patrons served by the utility. Upon receiving notice under subdivision (2), the commission may reassert jurisdiction over the utilit

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(a) Except as provided under subsection (c) or
section 15 of this chapter, when a utility successfully withdraws from
commission jurisdiction, the commission does not have authority to
regulate the following:
(1) Rates and charges.
(2) Stocks, bonds, notes, or other evidence of indebtedness.
(3) Rules.
(4) The annual report filing requirement.
(b) When the number of patrons served by a withdrawn utility
described in section 1.3(a)(1)(A) or 1.3(a)(2)(A) of this chapter reaches
five thousand (5,000), the utility:
(1) becomes subject to the annual report filing requirement
described in IC 8-1-2-16; and
(2) shall immediately notify the commission of the number of
patrons served by the utility.
Upon receiving notice under subdivision (2), the commission may
reassert jurisdiction over the utility, in whole or in part, after notice and
hearing if the commission finds that the public interest so requires.
(c) As used in this subsection, "utility" refers to a utility described
in section 1.3(a)(1)(B) of this chapter that is located in a county having
a population of more than fifteen thousand four hundred (15,400) and
less than fifteen thousand four hundred fifty (15,450). When one (1)
utility has successfully withdrawn from commission jurisdiction under
this chapter, upon the filing of a complaint by another utility that has
not withdrawn from commission jurisdiction under this chapter, the
commission shall reassert jurisdiction over the withdrawn utility with
respect to the withdrawn utility's:
(1) rates and charges;
(2) rules; and
(3) operating and territorial authority;
that have been or may be established concerning the purchase of water
for resale by the complaining utility from the withdrawn utility. The
rates and charges described in subdivision (1) are subject to the
requirements of IC 8-1-2-125. The burden of proof that the rates and
charges described in subdivision (1) comply with IC 8-1-2-125 is on
the withdrawn utility.

Legislative History

As added by P.L.108-1989, SEC.1. Amended by P.L.80-1997, SEC.12; P.L.82-1997, SEC.12; P.L.159-1999, SEC.11; P.L.226-2001, SEC.2; P.L.170-2002, SEC.58; P.L.119-2012, SEC.83; P.L.104-2022, SEC.59.