Title 8, UTILITIES AND TRANSPORTATION

Sec. 10. (a) If a utility successfully withdraws from commission jurisdiction, the board of directors shall, within five (5) days of the meeting, send written confirmation to the secretary of the commission containing the following information: (1) The total membership or number …

Sec. 11. (a) Whenever the members or shareholders of a utility desire to return to commission jurisdiction, they must petition the commission. A petition signed by: (1) at least fifteen percent (15%) of the members or shareholders; or (2) the board of directors of the utility; mu…

Sec. 12. If a utility returns to commission jurisdiction, the commission assumes jurisdiction over the following thirty (30) days after the date of the meeting at which the vote is conducted: (1) Rates and charges. (2) Stocks, bonds, notes, or other evidence of indebtedness. (3) …

Sec. 13. If a utility attempts to return to commission jurisdiction, the board of directors shall, within five (5) days following the meeting, send written confirmation to the secretary of the commission containing the following information: (1) The total membership or number of …

Sec. 14. When a utility returns to commission jurisdiction, the commission may order the utility to file an annual report of the operation of its plant for each of the three (3) calendar years immediately preceding its return to commission jurisdiction on a form prescribed by the…

Sec. 14.5. (a) This section applies when a utility fails to follow the procedures provided in this chapter for withdrawal from or return to the commission's jurisdiction. (b) To contest compliance with this chapter: (1) parties aggrieved by the decision to withdraw from or return…

Sec. 15. (a) This section applies after a utility has properly withdrawn from commission jurisdiction under this chapter. (b) The commission shall revoke or limit the withdrawal from the jurisdiction of the commission of a utility if the lesser of: (1) one hundred (100); or (2) m…

Sec. 15.5. (a) This section applies to a utility that is described in section 1.3(a)(1)(B) of this chapter that has properly withdrawn from commission jurisdiction under this chapter. (b) As used in this section, "committee" refers to a policy review committee established under t…

Sec. 2. (a) This chapter provides the exclusive statutory manner for a utility described in section 1.3(a)(1) or 1.3(a)(2) of this chapter to withdraw from the jurisdiction of the commission for the approval of the following: (1) Rates and charges. (2) Stocks, bonds, notes, or ot…

Sec. 3. A utility described in section 1.3(a)(1) or 1.3(a)(2) of this chapter that proposes to withdraw from the jurisdiction of the commission must first obtain approval from its members or shareholders. As added by P.L.108-1989, SEC.1. Amended by P.L.80-1997, SEC.7; P.L.82-1997…

Sec. 4. The board of directors of a utility described in section 1.3(a)(1) or 1.3(a)(2) of this chapter must conduct a referendum among its members or shareholders to determine whether the members or shareholders approve the withdrawal from commission jurisdiction. As added by P.…

Sec. 5. (a) The referendum must be conducted at a special meeting called by the board. Written notice of the meeting must be sent to every member or shareholder of the withdrawing utility and to the secretary of the commission not less than forty-five (45) days before the date of…

Sec. 6. A quorum consisting of not less than five percent (5%) of the members or shareholders must: (1) be present at the meeting; or (2) vote by absentee ballot; to transact business and to take official action regarding the jurisdiction question. As added by P.L.108-1989, SEC.1…

Sec. 7. The board shall distribute secret written ballots to the members or shareholders present at the meeting. The form of the ballots must be as follows: [] YES, I want to withdraw from the jurisdiction of the commission. [] NO, I want to remain under the jurisdiction of the c…

Sec. 9. (a) Except as provided under subsection (c) or section 15 of this chapter, when a utility successfully withdraws from commission jurisdiction, the commission does not have authority to regulate the following: (1) Rates and charges. (2) Stocks, bonds, notes, or other evide…