§ 8-1.5-6-10 — Service disputes between utilities in regulated territories

Indiana § 8-1.5-6-10

• Jurisdiction: Indiana
• Art. 1.5: MUNICIPAL UTILITIES
• Ch. 6: Utility Service in Regulated Territories

Text

(a) This section applies to a dispute, other
than a dispute described in section 7, 8, or 9 of this chapter, that:
(1) arises between two (2) or more utilities as to which utility will
provide utility service in a regulated territory; and
(2) is not the subject of an action initially filed in a court before
January 1, 2014.
A dispute shall be resolved by the commission under this section.
(b) A proceeding under this section may be initiated:
(1) by a utility that is a party to a dispute described in subsection
(a); or
(2) by the commission on its own initiative.
(c) Throughout a proceeding under this section, the commission
shall, where feasible, promote the resolution of the dispute described
in subsection (a) through a mutual agreement between the utilities that
apportions the provision of utility service in the regulated territory. A
mutual agreement described in this subsection is the preferred way of
resolving a dispute described in subsection (a). However, to resolve the
dispute, a mutual agreement must be approved by the commission in
an order issued under subsection (e), and the commission may approve
a mutual agreement only if the commission determines that the mutual
agreement is in the public interest.
(d) If the utilities are unable to reach a mutual agreement under
subsection (c), the commission shall determine the manner in which
utilities shall provide service in the regulated territory. In making the
determination, the commission shall consider the criteria set forth in
section 8(g) of this chapter.
(e) After notice and hearing, the commission shall issue an order:
(1) approving a mutual agreement under subsection (c); or
(2) making a final determination under subsection (d).

Legislative History

As added by P.L.213-2014, SEC.7.