This text of Indiana § 8-1.5-6-8 (Enforcement of regulatory ordinance by municipality whose utility has
filed a wholesale sewage petition) 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.
(a)This section applies if:
(1)a municipality adopts a regulatory ordinance after December
31, 2012; and
(2)a utility owned by the municipality files a wholesale sewage
petition.
(b)A municipality may not enforce a regulatory ordinance until all
the following conditions are satisfied:
(1)There is a final judgment on the wholesale sewage petition
that concludes all administrative and judicial proceedings. For
purposes of this subdivision, a final judgment includes an order
of the commission under subsection (f).
(2)The commission has issued an order under subsection (f) that
resolves all issues included in a petition filed under subsection (d)
in a manner that the commission determines is in the public
interest.
(3)The municipality has modified the regulatory ordinance to
comply with
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(a) This section applies if:
(1) a municipality adopts a regulatory ordinance after December
31, 2012; and
(2) a utility owned by the municipality files a wholesale sewage
petition.
(b) A municipality may not enforce a regulatory ordinance until all
the following conditions are satisfied:
(1) There is a final judgment on the wholesale sewage petition
that concludes all administrative and judicial proceedings. For
purposes of this subdivision, a final judgment includes an order
of the commission under subsection (f).
(2) The commission has issued an order under subsection (f) that
resolves all issues included in a petition filed under subsection (d)
in a manner that the commission determines is in the public
interest.
(3) The municipality has modified the regulatory ordinance to
comply with the order of the commission described in subdivision
(2), if necessary.
(c) A utility may file with the commission a petition alleging that the
final judgment of a court on the wholesale sewage petition does not
resolve all issues included in the wholesale sewage petition that are
related to:
(1) the service territory of the municipality; or
(2) rates and charges for wholesale sewage service.
The commission shall assume immediate and exclusive jurisdiction
over the municipal utility upon the filing of the petition for purposes of
resolving the remaining issues. After notice and hearing, the
commission shall issue an order within three hundred (300) days after
the petition is filed resolving all issues presented in the petition in the
manner that the commission determines is in the public interest. In
making a determination of the public interest, the commission shall
consider the factors set forth in subsection (g). The commission may
combine a hearing under this subsection with a hearing under
subsection (f) and issue a single order on the combined hearing.
(d) Not later than October 1, 2014, a municipal utility shall petition
the commission for approval of the regulatory ordinance. The petition
must include the following:
(1) A description of the service territory established in the
regulatory ordinance.
(2) Proposed rates and charges for the services to be provided in
the service territory.
(3) A list of any administrative or judicial proceedings involving
the regulatory ordinance or the wholesale sewage petition.
(4) A list of any utilities actually or potentially affected by the
regulatory ordinance.
(e) Upon the filing of a petition described in subsection (d), the
commission shall do the following:
(1) Encourage all utilities listed under subsection (d)(4) to reach
a mutual agreement that apportions the provision of service in the
regulated territory among the utilities. A mutual agreement
described in this subdivision is the preferred method of
establishing service territories in a regulated territory. To take
effect, a mutual agreement must be approved by the commission
in an order issued under subsection (f), and the commission may
approve a mutual agreement only if the commission determines
that the mutual agreement is in the public interest.
(2) If the utilities are unable to reach a mutual agreement under
subdivision (1), the commission shall assume immediate and
exclusive jurisdiction over the municipal utility, including the
wholesale sewage petition if there is no final judgment from a
court on the wholesale sewage petition.
(f) Upon assuming jurisdiction under subsection (e)(2) and after
notice and hearing, the commission shall issue an order resolving:
(1) all issues presented in the petition described in subsection (d),
including the enforceability of the regulatory ordinance; and
(2) any applicable issues presented in the wholesale sewage
petition;
in the manner that the commission determines is in the public interest.
The commission shall issue the order within three hundred (300) days
after the petition described in subsection (d) is filed.
(g) In making a determination under subsection (f), the commission
shall consider the following:
(1) The ability of another utility to provide service in the
regulated territory.
(2) The effect of a commission order on customer rates and
charges for service provided in the regulated territory.
(3) The effect of the commission's order on present and future
economic development in the regulated territory.
(4) The history of utility service in the regulated territory,
including any contracts for utility service entered into by the
municipality that adopted the regulatory ordinance and any other
municipalities, municipal utilities, or utilities.
(5) Any other factors the commission considers necessary.