Title 8, TITLE 8. UTILITIES AND TRANSPORTATION

Sec. 6. (a) The commission shall value all property of every public utility actually used and useful for the convenience of the public at its fair value, giving such consideration as it deems appropriate in each case to all bases of valuation which may be presented or which the c…

and preconstruction expenses Sec. 6.1. (a) As used in this section, "clean coal technology" means a technology (including precombustion treatment of coal): (1) that is used at a new or existing electric generating facility and directly or indirectly reduces airborne emissions of …

constructed before March 31, 2002 Sec. 6.6. (a) As used in this section: "Clean coal technology" means a technology (including precombustion treatment of coal): (1) that is used at a new or existing electric generating facility and directly or indirectly reduces airborne emission…

Sec. 6.7. (a) As used in this section, "clean coal technology" means a technology (including precombustion treatment of coal): (1) that is used in a new or existing electric generating facility and directly or indirectly reduces airborne emissions of sulfur or nitrogen based poll…

constructed after March 31, 2002 Sec. 6.8. (a) This section applies to a utility that begins construction of qualified pollution control property after March 31, 2002. (b) As used in this section, "clean coal technology" means a technology (including precombustion treatment of co…

Sec. 60. Notice of the time and place for such hearing shall be given to the public utility and to such other interested persons as the commission shall deem necessary, as provided in section 56 of this chapter, and thereafter proceedings shall be had and conducted in reference t…

hearings; alternative pricing structures for retail energy service Sec. 61. (a) Any public utility may make complaint as to any matter affecting its own rates or service. The petition or complaint must include a statement as to whether the utility, if a not-for-profit water utili…

Sec. 61.5. (a) An order affecting rates of service may be entered by the commission without a formal public hearing in the case of any public or municipally owned utility that: (1) either: (A) serves less than eight thousand (8,000) customers; or (B) has initiated a rate case on …

purchaser; rate relief Sec. 61.6. (a) This section applies to water utilities that serve less than eight thousand (8,000) customers. (b) As used in this section, "purchaser" means a water utility that buys water from another water utility on a wholesale basis. (c) As used in this…

service contracts Sec. 61.7. (a) As used in this section, "utility" refers to a wastewater utility that: (1) is owned or operated by a political subdivision (as defined in IC 36-1-2-13); and (2) is not under the jurisdiction of the commission for the approval of rates and charges…

Sec. 61.8. (a) As used in this section, "rental unit community" has the meaning set forth in IC 36-1-20-1.5. (b) As used in this section, "utility" refers to a wastewater utility, whether or not the utility is under the jurisdiction of the commission for the approval of rates and…

attendance Sec. 62. Each of the commissioners and every agent provided for in this chapter shall have power to administer oaths, certify to official acts, issue subpoenas, compel the attendance of witnesses, and compel the production of books, accounts, papers, records, documents…

Sec. 63. Each witness who shall appear before the commission or its agent by its order, shall receive for his attendance the fees and mileage now provided for witnesses in civil cases in courts of record which shall be audited and paid by the state, in the same manner as other ex…

Sec. 64. The commission, or any party, may, in any investigation, cause the depositions of witnesses residing without the state to be taken in the manner prescribed by law for like depositions in civil actions in circuit courts. Formerly: Acts 1913, c.76, s.67.

Sec. 65. A record shall be kept of all proceedings had before the commission or its agent or any formal investigation had and all testimony shall be taken down by the stenographer appointed by the commission. Formerly: Acts 1913, c.76, s.68.

Sec. 66. A transcript copy of the evidence and proceedings, or any specific part thereof, on any investigation, taken by the stenographer appointed by the commission, being certified under oath by such stenographer to be a true and correct transcript of all the testimony on the i…

Sec. 67. A copy of such transcript shall be furnished on terms fixed by the commission to any party to such investigation. Formerly: Acts 1913, c.76, s.71.

Sec. 68. Whenever, upon an investigation, the commission shall find any rates, tolls, charges, schedules, or joint rate or rates to be unjust, unreasonable, insufficient, or unjustly discriminatory, or to be preferential or otherwise in violation of any of the provisions of this …

Sec. 69. Whenever, upon the investigation made under the provisions of this chapter, the commission shall find any regulations, measurements, practices, acts, or service to be unjust, unreasonable, unwholesome, unsanitary, unsafe, insufficient, preferential, unjustly discriminato…

Sec. 7. Before final determination of such value, the commission shall, after notice to the public utility, hold a public hearing as to such valuation in the manner prescribed for a hearing in sections 54 through 67 of this chapter, and the provisions of such sections so far as a…

Sec. 70. In its order upon any investigation made under the provisions of this chapter, IC 8-1.5-3, or IC 8-1.5-6, either upon complaint against any municipal utility, upon the petition of any such municipal utility, or upon the initiation of the commission, the commission shall …

Sec. 71. All public utilities to which the order applies shall make such changes in their schedule on file as may be necessary to make the same conform to said order, and no change shall thereafter be made by any public utility in any such rates, tolls, or charges, or any joint r…

Sec. 72. The commission may, at any time, upon notice to the public utility and after opportunity to be heard as provided in sections 54 through 67 of this chapter, rescind, alter, or amend any order fixing any rate or rates, tolls, charges, or schedules, or any other order made …

Sec. 73. In all trials, actions, and proceedings arising under the provisions of this chapter or growing out of the exercise of the authority and powers granted in this chapter to the commission, the burden of proof shall be upon the party adverse to such commission or seeking to…

Sec. 74. No person shall be excused from testifying or from producing books, accounts, and papers in any proceeding based upon or growing out of any violation of the provisions of this chapter on the ground or for the reason that the testimony or evidence, documentary or otherwis…

Sec. 75. Upon application of any person, the commission shall furnish certified copies, under the seal of the commission, of any order made by it, which shall be prima facie evidence of the facts stated in the order. Formerly: Acts 1913, c.76, s.87. As amended by P.L.136-2018, SE…

evidences of indebtedness; authority to issue Sec. 75.5. Any public utility within this state organized for the conveyance of messages by telegraph may issue stocks, bonds, commercial paper, or other evidences of indebtedness without the approval of the commission. Such a public …

indebtedness; limitations upon authority to issue Sec. 76. No public utility shall hereafter issue for any purposes connected with or relating to any part of its business, any stocks, certificates of stock, bonds, notes or other evidences of indebtedness, payable at periods of mo…

Sec. 77. No public utility shall issue any stock or certificate of stock, except in consideration of money or of labor or property at its current fair cash value as found and determined by the commission actually received by it. No stock or certificate of stock shall be sold at a…

indebtedness; authority to issue Sec. 78. A public utility, as defined in section 1 of this chapter, may, with the approval of the commission, issue stock, certificates of stock, bonds, notes, or other evidence of indebtedness payable at periods of more than twelve (12) months af…

Sec. 79. (a) Whenever a public utility desires to issue bonds, notes, or other evidences of indebtedness, payable more than one (1) year from the execution thereof, or preferred or common stock, it shall file with the commission a petition verified by its president or vice-presid…

Sec. 8. (a) The commission, within five (5) days after any such valuation is determined, shall deliver a written statement thereof to the public utility interested and a copy thereof to the clerk of each municipality in which any part of the plant or equipment of such utility is …

indebtedness; certificate of authority for issuance Sec. 80. If the commission shall determine that such proposed issue complies with the provisions of this chapter, such authority shall thereupon be granted, and it shall issue to the public utility a certificate of authority sta…

indebtedness; state not obligated to pay or guarantee Sec. 81. No provision of this chapter, and no deed or act done or performed under or in connection therewith, shall be held or construed to obligate the state of Indiana to pay or guarantee in any manner whatsoever any stock o…

Sec. 82. Any person or association of persons other than an existing public service corporation, which is or may become the owner or assignee of the rights, powers, privileges and franchises of any public utility created or organized by or under the law of this state, by purchase…

rate contracts Sec. 83. (a) No public utility, as defined in section 1 of this chapter, shall sell, assign, transfer, lease, or encumber its franchise, works, or system to any other person, partnership, limited liability company, or corporation, or contract for the operation of a…

encumbrance of property Sec. 84. (a) With the consent and approval of the commission and with the authority of their stockholders as provided in this chapter, but not otherwise, any two (2) or more public utilities furnishing a like service or product and doing business in the sa…

Sec. 85. The commission shall charge every municipality receiving permission from it to issue any bonds, notes, or other securities an amount equal to twenty-five cents ($.25) for each one hundred dollars ($100) for such bonds, notes, or other securities, but in no case shall the…

convenience and necessity Sec. 86. (a) No license, permit, or franchise shall be granted to any person, copartnership, or corporation to own, operate, manage, or control any plant or equipment of any public utility in any municipality where there is in operation a public utility …

As added by P.L.79-1988, SEC.1. Amended by P.L.175-2007, SEC.10. Repealed by P.L.213-2014, SEC.3.

Sec. 87. (a) When used in this section, unless the context otherwise requires: (1) The term "gas" means natural gas, artificial or manufactured gas, and mixed gas. (2) The term "necessity certificate" means a certificate of public convenience and necessity issued by the commissio…

hearing; grounds for granting certificate; revocation Sec. 87.5. (a) For purposes of this section, "transportation of gas" means physical transmission, exchange, backhaul, displacement, or any other means of transporting gas, including gathering. (b) Any person, corporation, or o…

hearing on rates for purchase or transport Sec. 87.6. (a) Except as provided in this section, the production, gathering, sale, or transportation of Indiana produced natural gas is exempt from this chapter. (b) Any person, corporation, or other entity engaged in the production, ga…

Sec. 87.7. (a) The commission may, on its own motion or upon petition of any customer, and after appropriate notice and hearing, order any gas utility subject to its jurisdiction to file or change one (1) or more gas transportation tariffs to better meet the needs of the utility'…

Formerly: Acts 1913, c.76, s.97b; Acts 1951, c.158, s.1; Acts 1971, P.L.82, SEC.1. As amended by P.L.118-1987, SEC.1; P.L.8-1993, SEC.113. Repealed by P.L.27-2006, SEC.62.

As added by P.L.80-1988, SEC.1. Amended by P.L.77-1996, SEC.1; P.L.78-1997, SEC.1. Repealed by P.L.27-2006, SEC.62.

Sec. 88.6. (a) As used in this section, "telephone company" means any individual, firm, partnership, cooperative organization, unincorporated association, or corporation engaged in the business of furnishing telecommunications service. (b) Access charges paid by an interexchange …

to repay financial assistance Sec. 88.7. (a) As used in this section, "financial assistance" means: (1) a loan or loan guarantee; or (2) a lien accommodation provided to secure a loan made by another lender; that is made by the Rural Electrification Administration of the United S…

municipal or county acquisition and operation Sec. 89. (a) As used in this section, unless the context otherwise requires, the following terms have the following meanings: (1) "Sewage disposal service" means any public utility service whereby liquid and solid waste, sewage, night…

Sec. 9. The commission may, at any time, on its own initiative, make a revaluation of such property. Formerly: Acts 1913, c.76, s.12.