§ 8-1-30.3-6 — Offered utility; economies of scale; failure to furnish or maintain adequate and reasonable service and facilities; commission findings

Indiana § 8-1-30.3-6

• Jurisdiction: Indiana
• Art. 1: UTILITIES GENERALLY
• Ch. 30.3: Acquisition of Distressed Water or Wastewater

Text

For purposes of section 5(d)(2) of this chapter,
an offered utility is too small to capture economies of scale or is not
furnishing or maintaining adequate, efficient, safe, and reasonable
service and facilities if the commission finds one (1) or more of the
following:
(1) The offered utility violated one (1) or more state or federal
statutory or regulatory requirements in a manner that the
commission determines affects the safety, adequacy, efficiency,
or reasonableness of its services or facilities.
(2) The offered utility has inadequate financial, managerial, or
technical ability or expertise.
(3) The offered utility fails to provide water in sufficient amounts,
that is palatable, or at adequate volume or pressure.
(4) The offered utility, due to necessary improvements to its plant
or distribution or collection system or operations, is unable to
furnish and maintain adequate service to its customers at rates
equal to or less than those of the acquiring utility company.
(5) The offered utility serves fewer than eight thousand (8,000)
customers.
(6) Any other facts that the commission determines demonstrate
the offered utility's inability to capture economies of scale or to
furnish or maintain adequate, efficient, safe, or reasonable service
or facilities.

Legislative History

As added by P.L.189-2015, SEC.1. Amended by P.L.98-2016, SEC.5; P.L.85-2017, SEC.37; P.L.229-2019, SEC.6; P.L.160-2020, SEC.7.