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 Indiana
utility 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 regulatory
commission which shall consist of five (5) members, at least one (1)
of whom shall be an attorney qualified to practice law before the
supreme court of Indiana and not more than three (3) of whom
belong to the same political party.
(b) The members of the commission and all vacancies occurring
therein shall be appointed by the governor from among persons
nominated by the nominating committee in accordance with the
provisions of IC 8-1-1.5.
(c) The members may be removed at any time by the governor for
cause.
(d) The governor shall appoint one (1) member as chairman.
(e) The members of the commission shall be appointed for a term
of four (4) years, except when a member is appointed to fill a
vacancy, in which case such appointment shall be for such unexpired
term only. All members of said commission shall serve as such until
their successors are duly appointed and qualified, and while so
serving shall devote full time to the duties of the commission and
shall not be actively engaged in any other occupation, profession, or
business that constitutes a conflict of interest or otherwise interferes
with carrying out their duties as commissioners.
(f) A member of the commission or any person appointed to any
position or employed in any capacity to serve the commission, may
not have any official or professional relationship or connection with,
or hold any stock or securities or have any pecuniary interest in any
public utility operating in Indiana.
(g) Each member appointed to the Indiana utility regulatory
commission shall take and subscribe to an oath in writing that he will
faithfully perform the duties of his office, and support and defend to
the best of his ability the Constitution and laws of the state of Indiana
and 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 the
various members of the commission or to administrative law judges
for 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 and
organize the commission. The commission may, subject to the
approval of the governor, appoint a secretary of the commission.
(b) The salaries of the members and secretary of the commission
shall be fixed by the governor, subject to the approval of the budget
agency; however, the salaries of the chairman and the members shall
not 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 administrative
law judges who shall be responsible to and serve at the will and
pleasure of the commission. While serving, the administrative law
judges shall devote full time to the duties of the commission and
shall not be actively engaged in any other occupation, profession, or
business that constitutes a conflict of interest or otherwise interferes
with carrying out their duties as administrative law judges. The
salary of each administrative law judge shall be fixed by the
commission subject to the approval of the budget agency but may not
be less than the following annual amounts:
(1) For the chief administrative law judge, forty-five thousand
dollars ($45,000).
(2) For all other administrative law judges, forty thousand
dollars ($40,000).
(d) A majority of the commission members shall constitute a
quorum.
(e) On order of the commission any one (1) member of the
commission, or an administrative law judge, may conduct a hearing,
or investigation, and take evidence therein, and report the same to the
commission for its consideration and action; however, a hearing
concerning a request for a general increase in the basic rates and
charges of a utility in an amount exceeding twenty million dollars
($20,000,000) may only be conducted by one (1) or more
commission members.
(f) Each member of the commission shall give bond in the sum of
ten thousand dollars ($10,000) for the faithful performance of his
duties. Such bond shall be filed with the secretary of state.
(g) The commission shall formulate rules necessary or appropriate
to carry out the provisions of this chapter, and shall perform the
duties imposed by law upon them.
(h) The commission may:
(1) employ, with the approval of the governor and the state
budget agency, sufficient professional staff, including but not
limited to specialists, technicians, and analysts, who are exempt
from the job classifications and compensation schedules
established under IC 4-15; and
(2) purchase, lease, or otherwise acquire for its internal use
sufficient technical equipment necessary for the commission to
carry 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 upon
complaint against any public utility, or upon petition of any public
utility shall be charged and paid in the manner provided in
IC 8-1-2-70 or IC 8-1-6, whichever is appropriate under the
circumstances.
As added by Acts 1981, P.L.104, SEC.2.
IC 8-1-1-5
Impartiality of commission; evidence; record; utility consumer
counselor; ex parte communications; executive sessions; violations
Sec. 5. (a) The commission shall in all controversial proceedings
heard by it be an impartial fact-finding body and shall make its
orders in such cases upon the facts impartially found by it. The
commission shall in no such proceeding, during the hearing, act in
the role either of a proponent or opponent on any issue to be decided
by it. All evidence given in any such proceeding shall be offered on
behalf of the respective parties to, or appearing in, the proceeding
and not in the name or behalf of the commission itself.
(b) Any report, audit, examination, or analysis prepared by the
commission staff at the request or direction of the commission may
be made a part of the record of the proceeding, subject to
cross-examination by any party of the person who performed or
directed the preparation of the report, audit, examination, or analysis.
(c) If in any such proceeding the public interest is not otherwise
adequately represented by counsel, in the opinion of the commission,
it shall be the duty of the utility consumer counselor, if requested by
the commission, to make adequate preparation for the presentation
of the interests of the public in such proceeding and the utility
consumer counselor shall at the hearing represent the public interests
therein involved.
(d) However, nothing in this section prevents the commission
from instituting, prosecuting, hearing, or determining any
investigation or proceeding which it is authorized to do, or make, on
its own motion by any law with the administration of which it is
charged.
(e) Except as otherwise provided in this chapter, no member or
employee of the commission assigned to make findings of fact and
conclusions of law in a formally docketed evidentiary proceeding
may communicate in connection with any issue of fact or law
disputed in that proceeding with any party or any party's
representative, except on notice and with opportunity for all parties
to participate.
(f) In addition to holding an executive session in the instances
described in IC 5-14-1.5-6.1(b), the commission may hold an
executive session to deliberate on a proposed order if all the
following are satisfied:
(1) All evidence on the matter has been received by the
commission.
(2) The deliberations are preparatory to taking final action on
an order subject to judicial review.
(3) Only the following are permitted to participate in the
executive session:
(A) Commission members.
(B) Commission employees who are formally assigned to
advise or assist in preparing the order, including the
commission'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 an
executive session held under this subsection.
(g) A person who violates this section commits a Class C
infraction.
(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 an
appeal from, or action against, the public service commission, or an
appeal from, or action against, the public service commission of
Indiana, such appeals or actions may be taken from or brought
against the Indiana utility regulatory commission. Wherever in any
statute or rule in force after July 1, 1987, there appears in any
provision the name "public service commission" or the name "public
service commission of Indiana" the name "Indiana utility regulatory
commission" 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 the
publication of notice of hearings to be held by the utility regulatory
commission, publication of notice of hearings to be held by the
commission shall be made only in accordance with this chapter.
(b) Whenever the utility regulatory commission shall order a
hearing in any proceeding instituted by or against any public utility,
notice of the hearing shall be given by one (1) publication appearing
not less than ten (10) days prior to the date fixed for the hearing in
two (2) newspapers of general circulation published in one (1)
county wherein reside patrons or customers of the public utility who
might be affected by an order made by the commission pursuant to
the hearing. If two (2) newspapers of general circulation are not
published in the county, then one (1) publication appearing not less
than ten (10) days prior to the date fixed for the hearing in one (1)
newspaper of general circulation published in the county shall be
sufficient. If no newspaper of general circulation is published in the
county, then the commission shall cause notice of the hearing to be
given by one (1) publication appearing not less than ten (10) days
prior to the date fixed for the hearing in two (2) newspapers of
general circulation published in a county adjoining the county
wherein reside patrons or customers of the public utility who might
be affected by the order.
(c) Whenever the department of state revenue orders a hearing in
any proceeding instituted by or against a motor vehicle carrier, notice
of such hearing shall 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 the county where
such motor vehicle carrier has its principal office or place of
business. If two (2) newspapers of general circulation are not
published in such county, then one (1) publication appearing not less
than ten (10) days prior to the date fixed for such hearing in one (1)
newspaper of general circulation published in such county shall be
sufficient. If no newspaper of general circulation is published in the
county, the department of state revenue shall cause notice of such
hearing 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 the
county where such motor vehicle carrier has its principal office or
place of business. If the motor vehicle carrier has no office or place
of business in Indiana, then such notice shall be given by one (1)
publication appearing not less than ten (10) days prior to the date
fixed for the hearing in two (2) newspapers of general circulation
published in Marion County.
(d) In addition to the published notice, the commission shall mail
notice of the hearing and notice of the filing of applications or
proceedings to persons, firms, limited liability companies, or
corporations having competitive interests involved and to the
representatives of any city or town affected by the hearing,
application, or proceeding. Failure to mail the notices shall not be
deemed to be jurisdictional, but may be ground for rehearing.
(Formerly: Acts 1941, c.101, s.8; Acts 1943, c.244, s.1.) As amended
by 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 the
commission created by this chapter provides that a party to a
proceeding before the commission shall have a time in which to file
written exceptions to a suggested order before the same may become
the final order of the commission, it shall be the duty of the
commission to promptly mail to each party having such right a copy
of such suggested order, and the time for filing such exceptions as
provided by law shall in each case commence to run on the day of
mailing 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 former
commission
Sec. 10. Section 7 of this chapter shall not affect actions on or
proceedings pending on June 30, 1987, brought by or against the
people of the state of Indiana or the public service commission of
Indiana or by any other person, firm, or corporation, under the
provisions of the statutes establishing or conferring power upon the
public service commission of Indiana, but the same may be
prosecuted and defended with the same effect as though the name of
the commission had not been changed, except the same shall be
continued and carried on by the Indiana utility regulatory
commission.
(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 or
attorneys, engineers, administrative law judges, experts, clerks,
accountants and other assistants as it may deem necessary, at such
rates 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 amended
by 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 an
annual report and file it with the governor and the chairman of the
legislative council before October 1 of each year. A report filed
under this subsection with the chairman of the legislative council
must be in an electronic format under IC 5-14-6. The chairman shall
include in the report information for the fiscal year ending June 30
of the year in which the report is due.
(b) The annual report required under subsection (a) must include
the following:
(1) A statement of the commission's revenues by source and
expenditures by purpose.
(2) Statistics relevant to the workload and operations of the
commission.
(3) A description of the commission's goals, legal
responsibilities, and accomplishments.
(4) Comments on the state of the commission and the various
kinds of utilities that it regulates.
(5) Suggestions for new legislation and the rationale for any
proposals.
(6) Any other matters that the chairman wishes to bring to the
attention of the governor and the general assembly.
(7) Any comments or proposals that any member of the
commission gives to the chairman for inclusion in the annual
report.
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) of
this chapter that is necessary to implement a state or federal statute,
rule, or regulation is void sixty-one (61) days after the expiration of
that statute, rule, or regulation, unless the commission makes a
written finding prior to the sixty-first day that it is necessary to retain
the rule.
As added by P.L.37-1989, SEC.2.