§ 8-1-3-6 — Presumption; rates; collection pending appeal

Indiana § 8-1-3-6

• Jurisdiction: Indiana
• Art. 1: UTILITIES GENERALLY
• Ch. 3: Judicial Review of Utility Regulatory Commission

Text

All rules, practices, installations, and services
prescribed, approved, or required by the commission shall be in force
and shall be prima facie reasonable unless finally found otherwise by
the court of appeals or by the supreme court if the cause is transferred
to and decided by that court. However, pending the appeal as in this
chapter provided, any municipally owned utility, public utility, rural
electric membership corporation, or rural communications cooperative
corporation whose rate or rates are affected by the decision, ruling, or
order appealed from shall have the right to collect the rate or rates as
fixed by said decision, ruling, or order, or the former rate, whichever
is higher in amount, and such municipally owned utility, public utility,
corporation, or association shall refund the difference to each consumer
or contract customer if such difference be not sustained upon appeal.
However, pending the appeal as in this chapter provided, the court of
appeals, upon good cause shown by verified petition, may authorize
and permit, but not require, any common or contract carrier whose rate
or rates are affected by the decision, ruling, or order appealed from, to
collect the rate or rates published and in effect or the rate or rates
sought to be put into effect, immediately prior to the commencement
of the proceeding before the commission, subject to such provisions for
bond or escrow as the court shall provide to protect the interest of all
parties of record before the court.
Formerly: Acts 1957, c.189, s.6. As amended by Acts 1977,
P.L.100, SEC.1; P.L.384-1987(ss), SEC.8; P.L.81-2020,
SEC.2.