§ 8-1.5-6-7 — Resolution of service dispute

Indiana § 8-1.5-6-7

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

Text

(a) This section applies if:
(1) a municipality adopts a regulatory ordinance before January
1, 2013;
(2) a dispute arises or exists between a utility owned by the
municipality and another utility as to which utility provides
service to customers that connected to service provided by one (1)
of the utilities:
(A) after the date on which the regulatory ordinance was
adopted; and
(B) before March 15, 2014; and
(3) the utilities are unable to resolve a dispute described in
subdivision (2) through mutual agreement.
(b) Not later than October 1, 2014, a utility shall petition the
commission for resolution of the dispute. The petition must be in the
form and manner prescribed by the commission. Upon the filing of the
petition, the commission shall assume immediate and exclusive
jurisdiction over the utilities for purposes of resolving the dispute.
(c) Upon assuming jurisdiction under subsection (b) and after notice
and hearing, the commission shall issue an order resolving all issues
presented in the petition described in subsection (b), including
determining the manner in which the utilities shall provide service to
the customers that are the subject of the dispute, in the manner that the
commission determines is in the public interest. In making the
determination, the commission shall consider the criteria set forth in
section 8(g) of this chapter. The commission shall issue the order
within three hundred (300) days after the petition described in
subsection (b) is filed.

Legislative History

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