Title 8, UTILITIES AND TRANSPORTATION

Sec. 3.5. (a) As used in this section, "department" refers to the department of natural resources created by IC 14-9-1-1. (b) As used in this section, "utility" means a person, however organized, that provides utility service to customers in Indiana. The term includes an agent ac…

Sec. 32. The commission shall ascertain and prescribe for each kind of public utility suitable and convenient standard commercial units of product or service. These shall be lawful units for the purpose of this chapter. Formerly: Acts 1913, c.76, s.35. As amended by P.L.59-1984, …

Sec. 33. The commission shall ascertain and fix adequate and serviceable standards for the measurement of quality, pressure, initial voltage, or other conditions pertaining to the supply of the product or service rendered by any public utility and prescribe reasonable regulations…

Sec. 34. The commission shall establish reasonable rules, regulations, specifications, and standards to secure the accuracy of all meters and appliances for measurements, and every public utility is required to carry into effect all orders issued by the commission relative theret…

Sec. 34.5. (a) The Commission shall establish reasonable rules and regulations to govern the relations between public utilities and any or all classes of their customers. Those rules and regulations shall cover the following subjects: (1) extension of service; (2) extension of cr…

Sec. 35. The commission shall provide for the examination and testing of any and all appliances used for the measuring of any product or service of a public utility. Any consumer or user may have any such appliance tested upon payment of the fees fixed by the commission. The comm…

Sec. 36. The commission may purchase such material, apparatus and standard measuring instruments for such examinations and tests as it may deem necessary. Formerly: Acts 1913, c.76, s.39.

Sec. 36.5. (a) As used in this section, "building" means any building containing more than one (1) residential unit, including trailer courts and similar multiple user installations, but does not include hotels, motels, or other similar transient lodging. (b) Notwithstanding any …

Sec. 37. The commission, its agents, experts, or examiners shall have power to enter upon any premises occupied by any public utility for the purpose of making the examinations and tests provided in this chapter and to set up and use on such premises any apparatus and appliances …

Sec. 38. Every public utility shall file with the commission, within a time fixed by the commission, schedules, which shall be open to public inspection, showing all rates, tolls and charges which it has established and which are enforced at the time for any service performed by …

Sec. 39. Every public utility shall file, with and as a part of such schedule, all rules and regulations that in any manner affect the rates charged or to be charged for any service. Formerly: Acts 1913, c.76, s.42.

Sec. 4. Every public utility is required to furnish reasonably adequate service and facilities. The charge made by any public utility for any service rendered or to be rendered either directly or in connection therewith shall be reasonable and just, and every unjust or unreasonab…

Sec. 4.1. (a) As used in this section, "water or wastewater utility" means a public utility (as defined in section 1(a) of this chapter) that provides water or wastewater service to the public. (b) Except as provided in subsection (h), not later than sixty (60) days after the eff…

Sec. 4.2. (a) This section applies to a utility that is subject to the: (1) utility receipts tax under IC 6-2.3; and (2) jurisdiction of the commission for the approval of rates and charges; on January 1, 2022. (b) Not later than May 1, 2022, a utility shall file with the commiss…

Sec. 4.3. (a) This section applies to a utility that is: (1) subject to the utility receipts tax under IC 6-2.3; and (2) not under the jurisdiction of the commission for the approval of rates and charges; on January 1, 2022. (b) A utility shall adjust the utility's rates and char…

Sec. 4.7. (a) As used in this section, "levelized billing plan" means a levelized payment plan, however denominated, that: (1) applies to a customer's account with an electricity supplier; (2) provides for the payment of a customer's bill in equal monthly installments; and (3) in…

Sec. 40. A copy of so much of said schedule as the commission shall deem necessary for the use of the public shall be printed in plain type, and kept on file in every station or office of such public utility where payments are made by the consumers or users, open to the public in…

Sec. 41. Where a schedule of joint rates or charges is or may be in force between two (2) or more public utilities, such schedules shall, in like manner, be printed and filed with the commission and so much thereof as the commission shall deem necessary for the use of the public …

Sec. 42. (a) No change shall be made in any schedule, including schedules of joint rates, except upon thirty (30) days notice to the commission, and approval by the commission, and all such changes shall be plainly indicated upon existing schedules or by filing new schedules in l…

Sec. 42.1. (a) As used in this section, "substitute natural gas" means pipeline quality gas produced by a facility that uses a gasification process to convert coal into a gas capable of being used: (1) by a utility to supply gas utility service to end use consumers in Indiana; or…

Sec. 42.3. (a) As used in this section, "relevant period" means the last month of the twelve (12) month test period considered in the current application before the commission under section 42(d)(3) and 42(g)(3)(c) of this chapter and extending through the longer of the: (1) imme…

Sec. 42.5. (a) The commission shall by rule or order, consistent with the resources of the commission and the office of the utility consumer counselor, require that the basic rates and charges of all public, municipally owned, and cooperatively owned utilities (except those utili…

Sec. 42.7. (a) Subsections (g) and (j) do not apply to an electricity supplier (as defined in IC 8-1-46-6) that has filed a petition with the commission to change the electricity supplier's basic rates and charges through the submission of a multi-year rate plan under IC 8-1-46. …

Sec. 43. Copies of all new schedules shall be filed as hereinbefore provided in every station or office of such public utility where payments are made by consumers or users ten (10) days prior to the time the same are to take effect, unless the commission shall prescribe a less t…

Sec. 44. It shall be unlawful for any public utility to charge, demand, collect, or receive a greater or less compensation for any service performed by it within the state, or for any service in connection therewith, than is specified in such printed schedules, including schedule…

Sec. 45. The commission may prescribe such changes in the form in which the schedules are issued by any public utility as may be found to be expedient. Formerly: Acts 1913, c.76, s.48.

Sec. 46. (a) The commission shall provide for a comprehensive classification of such service for each public utility and such classification may take into account the quantity used, the time when used, the purpose for which used and other reasonable consideration. Each public uti…

Sec. 46.1. In providing for a classification of service, the commission shall approve a rate for furnishing traction power for a commuter transportation system (IC 8-5-15) that is equal to or lower than the rate approved for any industrial or commercial consumer of the public uti…

Sec. 46.2. (a) The following definitions apply throughout this section: (1) "Developed but underserved area" means an area in which the prospective service would be provided predominantly to existing and occupied structures: (A) that receive water from private wells; or (B) from …

Sec. 46.3. (a) The following definitions apply throughout this section: (1) "Bedroom" has the meaning set forth in 410 IAC 6-8.3-6. (2) "Bedroom equivalent" has the meaning set forth in 410 IAC 6-8.3-7. (3) "Septic tank soil absorption system" has the meaning set forth in IC 13-1…

Sec. 47. The commission shall have power to adopt reasonable and proper rules and regulations relative to all inspections, tests, audits and investigations, and to adopt and publish reasonable and proper rules to govern its proceedings, and to regulate the mode and manner of all …

Sec. 48. (a) The commission shall inquire into the management of the business of all public utilities, and shall keep itself informed as to the manner and method in which the same is conducted and shall have the right to obtain from any public utility all necessary information to…

Sec. 49. (1) The commission or any commissioner when authorized by the commission or any person or persons employed by the commission for that purpose shall upon demand have the right to inspect the books, accounts, papers, records, and memoranda of any public utility and to exam…

Sec. 5. (a) Every public utility, every communications service provider, every municipality, and every person, association, limited liability company, or corporation having tracks, conduits, subways, poles, or other equipment on, over, or under any street or highway shall for a r…

Sec. 5.5. (a) As used in this section, "attaching entity" means a cable operator (as defined in 47 U.S.C. 522(5)) that seeks an attachment, or has an attachment, to a pole. (b) As used in this section, "carrying charge factor", or "ccf", refers to the carrying charge factor, as d…

Sec. 50. The commission may require, by order or subpoena to be served on any public utility in the same manner that a summons is served in a civil action in the circuit court, the production, within the state, at such time and place as it may designate, of any books, accounts, p…

Sec. 51. For the purpose of making any investigation with regard to any public utility, the commission shall have power to appoint, by an order in writing, an agent, whose duties shall be prescribed in such order. In the discharge of his duties, such agent shall have every power …

Sec. 52. Every public utility shall furnish to the commission all information required by it to carry into effect the provisions of this chapter and shall make specific answers to all questions submitted by the commission. Formerly: Acts 1913, c.76, s.55. As amended by P.L.59-198…

Sec. 53. Any public utility receiving from the commission any blanks, with directions to fill the same, shall cause the same to be properly filled out so as to answer fully and correctly each question therein propounded, and, in case it is unable to answer any question, it shall …

Sec. 54. Upon a complaint made against any public utility by any mercantile, agricultural or manufacturing society or by any body politic or municipal organization or by ten (10) persons, firms, limited liability companies, corporations, or associations, or ten (10) complainants …

Sec. 54.1. Notwithstanding any other law, if the commission fails to conduct a formal public hearing or to issue an order within a reasonable period of time upon a complaint that complies with sections 54 or 61 of this chapter, the complainant may bring an action for mandate unde…

Sec. 55. The commission shall, prior to such formal hearing, notify the public utility complained of that a complaint has been made, and ten (10) days after such notice has been given, the commission may proceed to set a time and place for a hearing and an investigation as provid…

Sec. 56. The commission shall give the public utility and the complainant, if any, ten (10) days' notice of the time and place when and where such hearing and investigation will be held and such matters considered and determined. Both the public utility and complainant shall be e…

Sec. 57. The commission may, in its discretion, when complaint is made of more than one (1) rate or charge, order separate hearings thereon, and may consider and determine the several matters complained of separately and at such times as it may prescribe. No complaint shall at an…

Sec. 58. Whenever the commission shall believe that any rate or charge may be unreasonable or unjustly discriminatory or that any service is inadequate, or can not be obtained, or that an investigation of any matters relating to any public utility should for any reason be made, i…

Sec. 59. If, after making such investigation, the commission becomes satisfied that sufficient grounds exist to warrant a formal hearing being ordered as to the matter so investigated, it shall furnish such public utility interested a statement notifying the public utility of the…