CHAPTER 1. UTILITY REGULATORY COMMISSION
IC 8
TITLE 8. UTILITIES AND TRANSPORTATION
IC 8-1
ARTICLE 1. UTILITIES GENERALLY
IC 8-1-1
Chapter 1. Utility Regulatory Commission
IC 8-1-1-1
"Commission" defined
Sec. 1. As used in this article, "commission" refers to the Indianautility regulatory commission.
(Formerly: Acts 1941, c.101, s.1.) As amended by P.L.59-1984,SEC.1; P.L.23-1988, SEC.12.
IC 8-1-1-2
Creation of commission; membership; term of office; chairman
Sec. 2. (a) There is created the Indiana utility regulatorycommission which shall consist of five (5) members, at least one (1)of whom shall be an attorney qualified to practice law before thesupreme court of Indiana and not more than three (3) of whombelong to the same political party.
(b) The members of the commission and all vacancies occurringtherein shall be appointed by the governor from among personsnominated by the nominating committee in accordance with theprovisions of IC 8-1-1.5.
(c) The members may be removed at any time by the governor forcause.
(d) The governor shall appoint one (1) member as chairman.
(e) The members of the commission shall be appointed for a termof four (4) years, except when a member is appointed to fill avacancy, in which case such appointment shall be for such unexpiredterm only. All members of said commission shall serve as such untiltheir successors are duly appointed and qualified, and while soserving shall devote full time to the duties of the commission andshall not be actively engaged in any other occupation, profession, orbusiness that constitutes a conflict of interest or otherwise interfereswith carrying out their duties as commissioners.
(f) A member of the commission or any person appointed to anyposition or employed in any capacity to serve the commission, maynot have any official or professional relationship or connection with,or hold any stock or securities or have any pecuniary interest in anypublic utility operating in Indiana.
(g) Each member appointed to the Indiana utility regulatorycommission shall take and subscribe to an oath in writing that he willfaithfully perform the duties of his office, and support and defend tothe best of his ability the Constitution and laws of the state of Indianaand of the United States of America, and such oath shall be filed with
the secretary of state.
(h) The chairman of the commission shall assign cases to thevarious members of the commission or to administrative law judgesfor hearings.
(Formerly: Acts 1941, c.101, s.2; Acts 1945, c.46, s.1; Acts 1963,c.326, s.1.) As amended by Acts 1981, P.L.104, SEC.1; P.L.43-1983,SEC.3; P.L.113-1987, SEC.1; P.L.78-1988, SEC.1.
IC 8-1-1-3
Organization of commission; administrative law judges;investigation and hearing; bond; powers and duties
Sec. 3. (a) The members of the commission shall meet andorganize the commission. The commission may, subject to theapproval of the governor, appoint a secretary of the commission.
(b) The salaries of the members and secretary of the commissionshall be fixed by the governor, subject to the approval of the budgetagency; however, the salaries of the chairman and the members shallnot be less than the following annual minimum amounts:
(1) For the chairman, sixty-five thousand dollars ($65,000).
(2) For the members, sixty thousand dollars ($60,000) each.
(c) The commission may appoint one (1) or more administrativelaw judges who shall be responsible to and serve at the will andpleasure of the commission. While serving, the administrative lawjudges shall devote full time to the duties of the commission andshall not be actively engaged in any other occupation, profession, orbusiness that constitutes a conflict of interest or otherwise interfereswith carrying out their duties as administrative law judges. Thesalary of each administrative law judge shall be fixed by thecommission subject to the approval of the budget agency but may notbe less than the following annual amounts:
(1) For the chief administrative law judge, forty-five thousanddollars ($45,000).
(2) For all other administrative law judges, forty thousanddollars ($40,000).
(d) A majority of the commission members shall constitute aquorum.
(e) On order of the commission any one (1) member of thecommission, or an administrative law judge, may conduct a hearing,or investigation, and take evidence therein, and report the same to thecommission for its consideration and action; however, a hearingconcerning a request for a general increase in the basic rates andcharges of a utility in an amount exceeding twenty million dollars($20,000,000) may only be conducted by one (1) or morecommission members.
(f) Each member of the commission shall give bond in the sum often thousand dollars ($10,000) for the faithful performance of hisduties. Such bond shall be filed with the secretary of state.
(g) The commission shall formulate rules necessary or appropriateto carry out the provisions of this chapter, and shall perform theduties imposed by law upon them. (h) The commission may:
(1) employ, with the approval of the governor and the statebudget agency, sufficient professional staff, including but notlimited to specialists, technicians, and analysts, who are exemptfrom the job classifications and compensation schedulesestablished under IC 4-15; and
(2) purchase, lease, or otherwise acquire for its internal usesufficient technical equipment necessary for the commission tocarry out its statutory duties.
(Formerly: Acts 1941, c.101, s.3; Acts 1943, c.211, s.1; Acts 1963,c.326, s.2.) As amended by Acts 1979, P.L.84, SEC.1; P.L.43-1983,SEC.4; P.L.23-1988, SEC.13; P.L.92-1993, SEC.1.
IC 8-1-1-4
Repealed
(Repealed by Acts 1981, P.L.104, SEC.7.)
IC 8-1-1-4.1
Payment of expenses
Sec. 4.1. Any expense incurred by the commission, either uponcomplaint against any public utility, or upon petition of any publicutility shall be charged and paid in the manner provided inIC 8-1-2-70 or IC 8-1-6, whichever is appropriate under thecircumstances.
As added by Acts 1981, P.L.104, SEC.2.
IC 8-1-1-5
Impartiality of commission; evidence; record; utility consumercounselor; ex parte communications; executive sessions; violations
Sec. 5. (a) The commission shall in all controversial proceedingsheard by it be an impartial fact-finding body and shall make itsorders in such cases upon the facts impartially found by it. Thecommission shall in no such proceeding, during the hearing, act inthe role either of a proponent or opponent on any issue to be decidedby it. All evidence given in any such proceeding shall be offered onbehalf of the respective parties to, or appearing in, the proceedingand not in the name or behalf of the commission itself.
(b) Any report, audit, examination, or analysis prepared by thecommission staff at the request or direction of the commission maybe made a part of the record of the proceeding, subject tocross-examination by any party of the person who performed ordirected the preparation of the report, audit, examination, or analysis.
(c) If in any such proceeding the public interest is not otherwiseadequately represented by counsel, in the opinion of the commission,it shall be the duty of the utility consumer counselor, if requested bythe commission, to make adequate preparation for the presentationof the interests of the public in such proceeding and the utilityconsumer counselor shall at the hearing represent the public intereststherein involved.
(d) However, nothing in this section prevents the commission
from instituting, prosecuting, hearing, or determining anyinvestigation or proceeding which it is authorized to do, or make, onits own motion by any law with the administration of which it ischarged.
(e) Except as otherwise provided in this chapter, no member oremployee of the commission assigned to make findings of fact andconclusions of law in a formally docketed evidentiary proceedingmay communicate in connection with any issue of fact or lawdisputed in that proceeding with any party or any party'srepresentative, except on notice and with opportunity for all partiesto participate.
(f) In addition to holding an executive session in the instancesdescribed in IC 5-14-1.5-6.1(b), the commission may hold anexecutive session to deliberate on a proposed order if all thefollowing are satisfied:
(1) All evidence on the matter has been received by thecommission.
(2) The deliberations are preparatory to taking final action onan order subject to judicial review.
(3) Only the following are permitted to participate in theexecutive session:
(A) Commission members.
(B) Commission employees who are formally assigned toadvise or assist in preparing the order, including thecommission's technical staff and attorneys.
IC 5-14-1.5-5, IC 5-14-1.5-6.1, and IC 5-14-1.5-7 apply to anexecutive session held under this subsection.
(g) A person who violates this section commits a Class Cinfraction.
(Formerly: Acts 1941, c.101, s.5.) As amended by Acts 1978, P.L.55,SEC.1; P.L.43-1983, SEC.5; P.L.23-1988, SEC.14; P.L.30-2006,SEC.1.
IC 8-1-1-6
Repealed
(Repealed by Acts 1978, P.L.6, SEC.36.)
IC 8-1-1-7
Survival, actions, or appeals pending before abolished commission
Sec. 7. Where in any statute or rule provision is made for anappeal from, or action against, the public service commission, or anappeal from, or action against, the public service commission ofIndiana, such appeals or actions may be taken from or broughtagainst the Indiana utility regulatory commission. Wherever in anystatute or rule in force after July 1, 1987, there appears in anyprovision the name "public service commission" or the name "publicservice commission of Indiana" the name "Indiana utility regulatorycommission" is in each case substituted in its place.
(Formerly: Acts 1941, c.101, s.7.) As amended by P.L.59-1984,SEC.2; P.L.113-1987, SEC.2; P.L.23-1988, SEC.15.
IC 8-1-1-8
Hearings; publication of notice
Sec. 8. (a) Notwithstanding any other statute relative to thepublication of notice of hearings to be held by the utility regulatorycommission, publication of notice of hearings to be held by thecommission shall be made only in accordance with this chapter.
(b) Whenever the utility regulatory commission shall order ahearing in any proceeding instituted by or against any public utility,notice of the hearing shall be given by one (1) publication appearingnot less than ten (10) days prior to the date fixed for the hearing intwo (2) newspapers of general circulation published in one (1)county wherein reside patrons or customers of the public utility whomight be affected by an order made by the commission pursuant tothe hearing. If two (2) newspapers of general circulation are notpublished in the county, then one (1) publication appearing not lessthan ten (10) days prior to the date fixed for the hearing in one (1)newspaper of general circulation published in the county shall besufficient. If no newspaper of general circulation is published in thecounty, then the commission shall cause notice of the hearing to begiven by one (1) publication appearing not less than ten (10) daysprior to the date fixed for the hearing in two (2) newspapers ofgeneral circulation published in a county adjoining the countywherein reside patrons or customers of the public utility who mightbe affected by the order.
(c) Whenever the department of state revenue orders a hearing inany proceeding instituted by or against a motor vehicle carrier, noticeof such hearing shall be given by one (1) publication appearing notless than ten (10) days prior to the date fixed for such hearing in two(2) newspapers of general circulation published in the county wheresuch motor vehicle carrier has its principal office or place ofbusiness. If two (2) newspapers of general circulation are notpublished in such county, then one (1) publication appearing not lessthan ten (10) days prior to the date fixed for such hearing in one (1)newspaper of general circulation published in such county shall besufficient. If no newspaper of general circulation is published in thecounty, the department of state revenue shall cause notice of suchhearing to be given by one (1) publication appearing not less than ten(10) days prior to the date fixed for such hearing in two (2)newspapers of general circulation published in a county adjoining thecounty where such motor vehicle carrier has its principal office orplace of business. If the motor vehicle carrier has no office or placeof business in Indiana, then such notice shall be given by one (1)publication appearing not less than ten (10) days prior to the datefixed for the hearing in two (2) newspapers of general circulationpublished in Marion County.
(d) In addition to the published notice, the commission shall mailnotice of the hearing and notice of the filing of applications orproceedings to persons, firms, limited liability companies, orcorporations having competitive interests involved and to therepresentatives of any city or town affected by the hearing,
application, or proceeding. Failure to mail the notices shall not bedeemed to be jurisdictional, but may be ground for rehearing.
(Formerly: Acts 1941, c.101, s.8; Acts 1943, c.244, s.1.) As amendedby P.L.59-1984, SEC.3; P.L.384-1987(ss), SEC.1; P.L.99-1989,SEC.2; P.L.8-1993, SEC.104.
IC 8-1-1-9
Suggested orders; filing exceptions
Sec. 9. In every case where any law to be administered by thecommission created by this chapter provides that a party to aproceeding before the commission shall have a time in which to filewritten exceptions to a suggested order before the same may becomethe final order of the commission, it shall be the duty of thecommission to promptly mail to each party having such right a copyof such suggested order, and the time for filing such exceptions asprovided by law shall in each case commence to run on the day ofmailing of such copy of such suggested order.
(Formerly: Acts 1941, c.101, s.9.) As amended by P.L.59-1984,SEC.4.
IC 8-1-1-10
Survival, actions, or proceedings pending before formercommission
Sec. 10. Section 7 of this chapter shall not affect actions on orproceedings pending on June 30, 1987, brought by or against thepeople of the state of Indiana or the public service commission ofIndiana or by any other person, firm, or corporation, under theprovisions of the statutes establishing or conferring power upon thepublic service commission of Indiana, but the same may beprosecuted and defended with the same effect as though the name ofthe commission had not been changed, except the same shall becontinued and carried on by the Indiana utility regulatorycommission.
(Formerly: Acts 1941, c.101, s.10.) As amended by P.L.59-1984,SEC.5; P.L.23-1988, SEC.16.
IC 8-1-1-11
Staff of commission
Sec. 11. The commission is authorized to employ such counsel orattorneys, engineers, administrative law judges, experts, clerks,accountants and other assistants as it may deem necessary, at suchrates of compensation as it may determine upon, subject, however,to the approval of the governor.
(Formerly: Acts 1941, c.101, s.11; Acts 1945, c.46, s.3.) As amendedby Acts 1979, P.L.84, SEC.2.
IC 8-1-1-12
Repealed
(Repealed by P.L.99-1989, SEC.37 and P.L.3-1989, SEC.44.)
IC 8-1-1-13
Repealed
(Repealed by P.L.4-1988, SEC.7.)
IC 8-1-1-14
Annual report
Sec. 14. (a) The chairman of the commission shall prepare anannual report and file it with the governor and the chairman of thelegislative council before October 1 of each year. A report filedunder this subsection with the chairman of the legislative councilmust be in an electronic format under IC 5-14-6. The chairman shallinclude in the report information for the fiscal year ending June 30of the year in which the report is due.
(b) The annual report required under subsection (a) must includethe following:
(1) A statement of the commission's revenues by source andexpenditures by purpose.
(2) Statistics relevant to the workload and operations of thecommission.
(3) A description of the commission's goals, legalresponsibilities, and accomplishments.
(4) Comments on the state of the commission and the variouskinds of utilities that it regulates.
(5) Suggestions for new legislation and the rationale for anyproposals.
(6) Any other matters that the chairman wishes to bring to theattention of the governor and the general assembly.
(7) Any comments or proposals that any member of thecommission gives to the chairman for inclusion in the annualreport.
As added by P.L.33-1988, SEC.2. Amended by P.L.28-2004, SEC.69.
IC 8-1-1-15
Implementing rules; duration
Sec. 15. A rule that the commission adopts under section 3(g) ofthis chapter that is necessary to implement a state or federal statute,rule, or regulation is void sixty-one (61) days after the expiration ofthat statute, rule, or regulation, unless the commission makes awritten finding prior to the sixty-first day that it is necessary to retainthe rule.
As added by P.L.37-1989, SEC.2.