CHAPTER 1.1. OFFICE OF THE UTILITY CONSUMER COUNSELOR
IC 8-1-1.1
Chapter 1.1. Office of the Utility Consumer Counselor
IC 8-1-1.1-1
Definitions
Sec. 1. As used in this chapter:
"Council" means the advisory council to the office of utilityconsumer counselor created under section 7 of this chapter.
"Counselor" means the consumer counselor established undersection 2 of this chapter.
"Deputy consumer counselor" means the deputy consumercounselor for Washington affairs that may be established undersection 9.1 of this chapter.
"Utility" means any public utility, municipally owned utility orsubscriber owned utility under the jurisdiction of the commission.
As added by Acts 1981, P.L.104, SEC.3. Amended by P.L.43-1983,SEC.6; P.L.23-1988, SEC.18; P.L.1-1990, SEC.91.
IC 8-1-1.1-2
Creation; administration
Sec. 2. There is created the office of utility consumer counselor.The office shall be administered by the consumer counselorappointed under section 3 of this chapter.
As added by Acts 1981, P.L.104, SEC.3.
IC 8-1-1.1-3
Consumer counselor
Sec. 3. The governor shall appoint a consumer counselor, for aterm of four (4) years at a salary to be fixed by the governor. Thecounselor shall serve at the will and pleasure of the governor. Thecounselor shall be a practicing attorney, and qualified by knowledgeand experience to practice in utility regulatory agency proceedings.The counselor shall apply the counselor's full efforts to the duties ofthe office and may not engage in any occupation, practice, professionor business that would conflict with the duties of the office.
As added by Acts 1981, P.L.104, SEC.3. Amended by P.L.27-2006,SEC.2.
IC 8-1-1.1-4
Repealed
(Repealed by P.L.1-1990, SEC.92.)
IC 8-1-1.1-4.1
Powers and duties
Sec. 4.1. (a) The consumer counselor may appear on behalf ofratepayers, consumers, and the public in:
(1) hearings before the commission, the department of staterevenue, or the Indiana department of transportation;
(2) appeals from the orders of the commission, the departmentof state revenue, or the Indiana department of transportation;
and
(3) suits and actions in a court that may involve rates forservice, services, extensions, and contracts for service,valuations of utilities, applications of utilities for authority toissue securities, applications for mergers and sales, and in allother proceedings, including proceedings before federalagencies, and suits and actions in which the subject matter ofthe action affects the consumers of a utility, motor carrier, orrailroad doing business in Indiana.
(b) The counselor shall decide whether to appeal an order of thecommission, the department of state revenue, or the Indianadepartment of transportation and may on the counselor's own motioninitiate an appeal.
As added by P.L.1-1990, SEC.93.
IC 8-1-1.1-5
Repealed
(Repealed by P.L.1-1990, SEC.94.)
IC 8-1-1.1-5.1
Proceedings before commission, department, or court; powers andduties of consumer counselor
Sec. 5.1. (a) The commission, the department of state revenue, orthe Indiana department of transportation shall immediately notify thecounselor of the institution of any proceeding before the commission,the department of state revenue, or the Indiana department oftransportation in which the counselor is authorized to appear andshall transmit to the counselor a copy of the petition or complaintfiled.
(b) The commission, the department of state revenue, or theIndiana department of transportation may not proceed to hear apetition, complaint, or proceeding in which the counselor is entitledto appear until the counselor has been given at least ten (10) daysnotice, unless the counselor waived the notice.
(c) The consumer counselor may call the counselor's ownwitnesses to testify before a proceeding or hearing in which thecounselor makes an appearance, and may require the production forexamination of books and papers relating to a matter underinvestigation and in question before the commission, another agency,or a court.
(d) The consumer counselor has the right, with the consent of thepetitioners or complainants, whenever a petition is filed on behalf ofthe ratepayers, consumers, or the public, to make amendments to thepetition or complaint that the counselor considers advisable.
(e) In all proceedings before the commission, the department ofstate revenue, or the Indiana department of transportation and in acourt in which the consumer counselor shall appear, the consumercounselor shall have charge of the interests of the ratepayers andconsumers of the utility, motor carrier, or railroad involved. Thecounselor may give notice of the hearings to all municipalities,
corporations, or organizations and persons that are parties to theproceedings, suit, or action other than the utility, motor carrier, orrailroad.
As added by P.L.1-1990, SEC.95.
IC 8-1-1.1-6
Repealed
(Repealed by P.L.1-1990, SEC.96.)
IC 8-1-1.1-6.1
Professional and other employees; access to records; charge andpayment of expenses
Sec. 6.1. (a) The consumer counselor may employ and fix thecompensation of, with the approval of the governor and the budgetagency, accountants, utility economists, engineers, attorneys,stenographers, or other assistance necessary to carry out the dutiesof the office. The compensation of the consumer counselor and thecounselor's staff shall be paid from an appropriation made for thatpurpose by the general assembly, or with the approval of thegovernor and the budget agency, from a contingency fund establishedunder IC 8-1-6-1.
(b) The consumer counselor may make use of engineers, experts,and accountants employed by the commission or the Indianadepartment of transportation and direct them to make appraisals andaudits in the performance of the consumer counselor's duties underthis chapter and IC 8-1-1 and IC 8-1-2. In so doing, the consumercounselor shall have access to the records and files of thecommission or the Indiana department of transportation.
(c) The consumer counselor may employ, with the approval of thegovernor and the budget agency, additional stenographers,examiners, experts, engineers, assistant counselors, accountants, andconsulting firms with expertise in utility, motor carrier, or railroadeconomics or management or both, at salaries and compensation andfor a length of time as the governor and the budget agency mayapprove for a particular case or investigation. The compensation forthe additional personnel together with the cost of transportation,hotel, telegram, and telephone bills while traveling on publicbusiness shall be paid from the expert witness fee account, or, withthe approval of the governor and the budget agency, from acontingency fund established under IC 8-1-6-1 on warrants drawn bythe auditor of state, sworn to by the parties who incurred theexpenses.
(d) Expenses incurred by the regular staff of the office andapproved by the consumer counselor, or an expense incurred by thecommission or the Indiana department of transportation undersubsection (b), shall be charged and paid in the manner provided inIC 8-1-2-70 or IC 8-1-6, whichever is appropriate under thecircumstances.
(e) Nothing in this chapter may be construed to prevent a partyinterested in a proceeding, suit, or action from appearing in person
or from being represented by counsel.
(f) Persons hired by the consumer counselor as provided by thissection are exempt from the job classifications and compensationschedules established under IC 4-15.
(g) The consumer counselor may purchase, lease, or otherwiseacquire sufficient technical equipment necessary for the consumercounselor to carry out the consumer counselor's statutory duties.
As added by P.L.1-1990, SEC.97.
IC 8-1-1.1-7
Advisory council
Sec. 7. (a) There is created the advisory council to the office ofthe utility consumer counselor. The council consists of ten (10)members. Each Indiana congressional district must be represented byat least one (1) individual appointed under this section who is aresident of that congressional district.
(b) Members of the council, including those filling vacanciesoccurring in the council membership, shall be appointed by thegovernor. All members shall be appointed to a term of four (4) years,except those who have been appointed to fill a vacancy in the councilwhose term will be the unexpired portion of the term. All membersshall serve until their successor has been duly appointed andqualified.
(c) The membership shall be representative of the various sectorsof Indiana economy, including, but not limited to: agriculture,business and industry, labor, and local government.
(d) The members shall annually elect of themselves a chairman.
(e) Members are entitled to receive per diem and travel expensereimbursement at the standard rates provided for state employees forexpenses they incur in the performance of their duties under thischapter subject to the approval of the consumer counselor.
As added by Acts 1981, P.L.104, SEC.3. Amended by Acts 1982,P.L.1, SEC.23; P.L.170-2002, SEC.56.
IC 8-1-1.1-8
Repealed
(Repealed by P.L.1-1990, SEC.98.)
IC 8-1-1.1-8.1
Meetings; duties
Sec. 8.1. (a) The council shall meet at the call of the chairman orthe consumer counselor.
(b) The council shall receive, review, and advise the consumercounselor with respect to problems and concerns of ratepayers andconsumers arising from the regulation of utilities, motor carriers, orrailroads in Indiana. The office of consumer counselor shall providenecessary clerical and staff assistance for the council.
As added by P.L.1-1990, SEC.99.
IC 8-1-1.1-9 Repealed
(Repealed by P.L.1-1990, SEC.100.)
IC 8-1-1.1-9.1
Deputy consumer counselor for Washington affairs
Sec. 9.1. (a) The governor may appoint a deputy consumercounselor for Washington affairs. The utility consumer counselormay advise the governor in the appointment of a deputy consumercounselor for Washington affairs.
(b) The deputy consumer counselor shall serve for a term of four(4) years at a salary to be fixed by the governor. The deputy shallserve at the pleasure of the governor. The deputy consumer counselorshall be a practicing attorney, and qualified by knowledge andexperience to practice in utility regulatory agency proceedings. Thedeputy consumer counselor shall apply full efforts to the duties of theoffice and may not be actively engaged in any other occupation,practice, profession, or business.
(c) The deputy consumer counselor may appear on behalf ofratepayers, consumers, and the public in:
(1) hearings before the federal energy regulatory commission;
(2) appeals from the orders of the federal energy regulatorycommission; and
(3) all other proceedings, including proceedings before federalagencies, and suits and actions in which the subject matter ofthe action affects the consumers of a utility, motor carrier, orrailroad doing business in Indiana.
(d) The deputy consumer counselor may establish and maintain anoffice in Washington, D.C. The deputy consumer counselor may,with the approval of the consumer counselor, the governor, and thebudget agency employ and fix the compensation of accountants,utility economists, engineers, attorneys, stenographers, or otherassistance necessary to carry out the duties of the office of the deputyconsumer counselor. The compensation of the deputy consumercounselor and the staff shall be paid from an appropriation made forthat purpose by the general assembly, or with the approval of thegovernor and the budget agency, from the contingency fundestablished under IC 8-1-6-1.
(e) The deputy consumer counselor may employ, with theapproval of the consumer counselor, the governor, and the budgetagency, additional stenographers, examiners, experts, engineers,assistant counselors, accountants, and consulting firms with expertisein utility, motor carrier, or railroad economics or management orboth, at salaries and compensation and for a length of time as theconsumer counselor, the governor, and the budget agency mayapprove for a particular case or investigation. The compensation foradditional personnel together with the cost of transportation, hotel,telegram, and telephone bills while traveling on public business shallbe paid from the expert witness fee account, or, with the approval ofthe governor and the budget agency, from the contingency fundestablished under IC 8-1-6-1 on warrants drawn by the auditor of
state, sworn to by the parties who incurred the expenses.
(f) Any expenses incurred by the regular staff of the office of thedeputy consumer counselor and approved by the deputy consumercounselor shall be charged and paid from the contingency fundestablished under IC 8-1-6-1.
As added by P.L.1-1990, SEC.101.