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 utility
consumer counselor created under section 7 of this chapter.
"Counselor" means the consumer counselor established under
section 2 of this chapter.
"Deputy consumer counselor" means the deputy consumer
counselor for Washington affairs that may be established under
section 9.1 of this chapter.
"Utility" means any public utility, municipally owned utility or
subscriber 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 counselor
appointed 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 a
term of four (4) years at a salary to be fixed by the governor. The
counselor shall serve at the will and pleasure of the governor. The
counselor shall be a practicing attorney, and qualified by knowledge
and experience to practice in utility regulatory agency proceedings.
The counselor shall apply the counselor's full efforts to the duties of
the office and may not engage in any occupation, practice, profession
or 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Repealed
(Repealed by P.L.1-1990, SEC.92.)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 of
ratepayers, consumers, and the public in:
(1) hearings before the commission, the department of state
revenue, or the Indiana department of transportation;
(2) appeals from the orders of the commission, the department
of state revenue, or the Indiana department of transportation;
and
(3) suits and actions in a court that may involve rates for
service, services, extensions, and contracts for service,
valuations of utilities, applications of utilities for authority to
issue securities, applications for mergers and sales, and in all
other proceedings, including proceedings before federal
agencies, and suits and actions in which the subject matter of
the action affects the consumers of a utility, motor carrier, or
railroad doing business in Indiana.
(b) The counselor shall decide whether to appeal an order of the
commission, the department of state revenue, or the Indiana
department of transportation and may on the counselor's own motion
initiate 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 and
duties of consumer counselor
Sec. 5.1. (a) The commission, the department of state revenue, or
the Indiana department of transportation shall immediately notify the
counselor of the institution of any proceeding before the commission,
the department of state revenue, or the Indiana department of
transportation in which the counselor is authorized to appear and
shall transmit to the counselor a copy of the petition or complaint
filed.
(b) The commission, the department of state revenue, or the
Indiana department of transportation may not proceed to hear a
petition, complaint, or proceeding in which the counselor is entitled
to appear until the counselor has been given at least ten (10) days
notice, unless the counselor waived the notice.
(c) The consumer counselor may call the counselor's own
witnesses to testify before a proceeding or hearing in which the
counselor makes an appearance, and may require the production for
examination of books and papers relating to a matter under
investigation and in question before the commission, another agency,
or a court.
(d) The consumer counselor has the right, with the consent of the
petitioners or complainants, whenever a petition is filed on behalf of
the ratepayers, consumers, or the public, to make amendments to the
petition or complaint that the counselor considers advisable.
(e) In all proceedings before the commission, the department of
state revenue, or the Indiana department of transportation and in a
court in which the consumer counselor shall appear, the consumer
counselor shall have charge of the interests of the ratepayers and
consumers of the utility, motor carrier, or railroad involved. The
counselor may give notice of the hearings to all municipalities,
corporations, or organizations and persons that are parties to the
proceedings, suit, or action other than the utility, motor carrier, or
railroad.
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 and
payment of expenses
Sec. 6.1. (a) The consumer counselor may employ and fix the
compensation of, with the approval of the governor and the budget
agency, accountants, utility economists, engineers, attorneys,
stenographers, or other assistance necessary to carry out the duties
of the office. The compensation of the consumer counselor and the
counselor's staff shall be paid from an appropriation made for that
purpose by the general assembly, or with the approval of the
governor and the budget agency, from a contingency fund established
under IC 8-1-6-1.
(b) The consumer counselor may make use of engineers, experts,
and accountants employed by the commission or the Indiana
department of transportation and direct them to make appraisals and
audits in the performance of the consumer counselor's duties under
this chapter and IC 8-1-1 and IC 8-1-2. In so doing, the consumer
counselor shall have access to the records and files of the
commission or the Indiana department of transportation.
(c) The consumer counselor may employ, with the approval of the
governor and the budget agency, additional stenographers,
examiners, experts, engineers, assistant counselors, accountants, and
consulting firms with expertise in utility, motor carrier, or railroad
economics or management or both, at salaries and compensation and
for a length of time as the governor and the budget agency may
approve for a particular case or investigation. The compensation for
the additional personnel together with the cost of transportation,
hotel, telegram, and telephone bills while traveling on public
business shall be paid from the expert witness fee account, or, with
the approval of the governor and the budget agency, from a
contingency fund established under IC 8-1-6-1 on warrants drawn by
the auditor of state, sworn to by the parties who incurred the
expenses.
(d) Expenses incurred by the regular staff of the office and
approved by the consumer counselor, or an expense incurred by the
commission or the Indiana department of transportation under
subsection (b), 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.
(e) Nothing in this chapter may be construed to prevent a party
interested 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 this
section are exempt from the job classifications and compensation
schedules established under IC 4-15.
(g) The consumer counselor may purchase, lease, or otherwise
acquire sufficient technical equipment necessary for the consumer
counselor 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 of
the utility consumer counselor. The council consists of ten (10)
members. Each Indiana congressional district must be represented by
at least one (1) individual appointed under this section who is a
resident of that congressional district.
(b) Members of the council, including those filling vacancies
occurring in the council membership, shall be appointed by the
governor. All members shall be appointed to a term of four (4) years,
except those who have been appointed to fill a vacancy in the council
whose term will be the unexpired portion of the term. All members
shall serve until their successor has been duly appointed and
qualified.
(c) The membership shall be representative of the various sectors
of 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 expense
reimbursement at the standard rates provided for state employees for
expenses they incur in the performance of their duties under this
chapter 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 or
the consumer counselor.
(b) The council shall receive, review, and advise the consumer
counselor with respect to problems and concerns of ratepayers and
consumers arising from the regulation of utilities, motor carriers, or
railroads in Indiana. The office of consumer counselor shall provide
necessary 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 consumer
counselor for Washington affairs. The utility consumer counselor
may advise the governor in the appointment of a deputy consumer
counselor 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 shall
serve at the pleasure of the governor. The deputy consumer counselor
shall be a practicing attorney, and qualified by knowledge and
experience to practice in utility regulatory agency proceedings. The
deputy consumer counselor shall apply full efforts to the duties of the
office and may not be actively engaged in any other occupation,
practice, profession, or business.
(c) The deputy consumer counselor may appear on behalf of
ratepayers, consumers, and the public in:
(1) hearings before the federal energy regulatory commission;
(2) appeals from the orders of the federal energy regulatory
commission; and
(3) all other proceedings, including proceedings before federal
agencies, and suits and actions in which the subject matter of
the action affects the consumers of a utility, motor carrier, or
railroad doing business in Indiana.
(d) The deputy consumer counselor may establish and maintain an
office in Washington, D.C. The deputy consumer counselor may,
with the approval of the consumer counselor, the governor, and the
budget agency employ and fix the compensation of accountants,
utility economists, engineers, attorneys, stenographers, or other
assistance necessary to carry out the duties of the office of the deputy
consumer counselor. The compensation of the deputy consumer
counselor and the staff shall be paid from an appropriation made for
that purpose by the general assembly, or with the approval of the
governor and the budget agency, from the contingency fund
established under IC 8-1-6-1.
(e) The deputy consumer counselor may employ, with the
approval of the consumer counselor, the governor, and the budget
agency, additional stenographers, examiners, experts, engineers,
assistant counselors, accountants, and consulting firms with expertise
in utility, motor carrier, or railroad economics or management or
both, at salaries and compensation and for a length of time as the
consumer counselor, the governor, and the budget agency may
approve for a particular case or investigation. The compensation for
additional personnel together with the cost of transportation, hotel,
telegram, and telephone bills while traveling on public business shall
be paid from the expert witness fee account, or, with the approval of
the governor and the budget agency, from the contingency fund
established 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 the
deputy consumer counselor and approved by the deputy consumer
counselor shall be charged and paid from the contingency fund
established under IC 8-1-6-1.
As added by P.L.1-1990, SEC.101.