reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2. Utility Regulation › 8-1-2-6. Valuation of Property

Sec. 6. (a) The commission shall value all property of every public utility actually used and useful for the convenience of the public at its fair value, giving such consideration as it deems appropriate in each case to all bases of valuation which may be presented or which the commission is authorized to consider by the following provisions of this section. As one of the elements in such valuation the commission shall give weight to the reasonable cost of bringing the property to its then state of efficiency. In making such valuation, the commission may avail itself of any information in possession of the department of local government finance or of any local authorities. The commission may accept any valuation of the physical property made by the interstate commerce commission of any public utility subject to the provisions of this act.
(b) The lands of such public utility shall not be valued at a greater amount than the assessed value of said lands exclusive of improvements as valued for taxation. In making such valuation no account shall be taken of presumptive value resting on natural resources independent of any structures in relation thereto, the natural resource itself shall be viewed as the public's property. No account shall be taken of good will for presumptive values growing out of the operation of any utility as a going concern, all such values to rest with the municipality by reason of the special and exclusive grants given such utility enterprises. Except in a proceeding under IC 8-1-30, and except as provided in IC 8-1-30.3-5 and IC 8-1.5-2-6.1, no account shall be taken of construction costs unless such costs were actually incurred and paid as part of the cost entering into the construction of the utility. Except in a proceeding under IC 8-1-30, and except as provided in IC 8-1-30.3-5 and IC 8-1.5-2-6.1, all public utility valuations shall be based upon tangible property, that is, such property as has value by reason of construction costs, either in materials purchased or in assembling of materials into structures by the labor or (of) workers and the services of superintendents, including engineers, legal and court costs, accounting systems and transportation costs, and also including insurance and interest charges on capital accounts during the construction period. As an element in determining value the commission may also take into account reproduction costs at current prices, less depreciation, based on the items set forth in the last sentence hereof and shall not include good will, going value, or natural resources.
(c) In determining the amount of allowable operating expenses of a utility, the commission may not take into consideration or approve any expense for institutional or image building advertising, charitable contributions, or political contributions.
Formerly: Acts 1913, c.76, s.9; Acts 1933, c.190, s.4; Acts 1947, c.307, s.1. As amended by Acts 1979, P.L.85, SEC.1; P.L.90-2002, SEC.309; P.L.98-2016, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2. Utility Regulation › 8-1-2-6.1. Indiana Coal and Clean Coal Technology; Research, Development, and Preconstruction Expenses

Sec. 6.1. (a) As used in this section, "clean coal technology" means a technology (including precombustion treatment of coal):
(1) that is used at a new or existing electric generating facility and directly or indirectly reduces airborne emissions of sulfur or nitrogen based pollutants associated with the combustion or use of coal; and
(2) that either:
(A) is not in general commercial use at the same or greater scale in new or existing facilities in the United States as of January 1, 1989; or
(B) has been selected by the United States Department of Energy for funding under its Innovative Clean Coal Technology program and is finally approved for such funding on or after January 1, 1989.
(b) As used in this section, "Indiana coal" means coal from a mine whose coal deposits are located in the ground wholly or partially in Indiana regardless of the location of the mine's tipple.
(c) Except as provided in subsection (d), the commission shall allow a utility to recover as operating expenses those expenses associated with:
(1) research and development designed to increase use of Indiana coal; and
(2) preconstruction costs (including design and engineering costs) associated with employing clean coal technology at a new or existing coal burning electric generating facility if the commission finds that the facility:
(A) utilizes and will continue to utilize (as its primary fuel source) Indiana coal; or
(B) is justified, because of economic considerations or governmental requirements, in utilizing non-Indiana coal;
after the technology is in place.
(d) The commission may only allow a utility to recover preconstruction costs as operating expenses on a particular project if the commission awarded a certificate under IC 8-1-8.7 for that project.
(e) The commission shall establish guidelines for determining recoverable expenses.
As added by P.L.88-1985, SEC.1. Amended by P.L.105-1989, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2. Utility Regulation › 8-1-2-6.6. Valuation of Property; Qualified Pollution Control Property Constructed Before March 31, 2002

Sec. 6.6. (a) As used in this section:
"Clean coal technology" means a technology (including precombustion treatment of coal):
(1) that is used at a new or existing electric generating facility and directly or indirectly reduces airborne emissions of sulfur or nitrogen based pollutants associated with combustion or use of coal; and
(2) that either:
(A) is not in general commercial use at the same or greater scale in new or existing facilities in the United States as of January 1, 1989; or
(B) has been selected by the United States Department of Energy for funding under its Innovative Clean Coal Technology program and is finally approved for such funding on or after January 1, 1989.
"Indiana coal" means coal from a mine whose coal deposits are located in the ground wholly or partially in Indiana regardless of the location of the mine's tipple.
"Qualified pollution control property" means an air pollution control device on a coal burning electric generating facility or any equipment that constitutes clean coal technology that has been approved for use by the commission, that meets applicable state or federal requirements, and that is designed to accommodate the burning of coal from the geological formation known as the Illinois Basin.
"Utility" refers to any electric generating utility allowed by law to earn a return on its investment.
(b) Upon the request of a utility that began construction after October 1, 1985, and before March 31, 2002, of qualified pollution control property that is to be used and useful for the public convenience, the commission shall for ratemaking purposes add to the value of that utility's property the value of the qualified pollution control property under construction, but only if at the time of the application and thereafter:
(1) the facility burns only Indiana coal as its primary fuel source once the air pollution control device is fully operational; or
(2) the utility can prove to the commission that the utility is justified because of economic considerations or governmental requirements in utilizing some non-Indiana coal.
(c) The commission shall adopt rules under IC 4-22-2 to implement this section.
As added by P.L.88-1985, SEC.2. Amended by P.L.23-1988, SEC.21; P.L.105-1989, SEC.2; P.L.159-2002, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2. Utility Regulation › 8-1-2-6.7. Depreciation of Clean Coal Technology

Sec. 6.7. (a) As used in this section, "clean coal technology" means a technology (including precombustion treatment of coal):
(1) that is used in a new or existing electric generating facility and directly or indirectly reduces airborne emissions of sulfur or nitrogen based pollutants associated with the combustion or use of coal; and
(2) that either:
(A) is not in general commercial use at the same or greater scale in new or existing facilities in the United States as of January 1, 1989; or
(B) has been selected by the United States Department of Energy for funding under its Innovative Clean Coal Technology program and is finally approved for such funding on or after January 1, 1989.
(b) The commission shall allow a public or municipally owned electric utility that incorporates clean coal technology to depreciate that technology over a period of not less than ten (10) years or the useful economic life of the technology, whichever is less and not more than twenty (20) years if it finds that the facility where the clean coal technology is employed:
(1) utilizes and will continue to utilize (as its primary fuel source) Indiana coal; or
(2) is justified, because of economic considerations or governmental requirements, in utilizing non-Indiana coal;
after the technology is in place.
As added by P.L.105-1989, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2. Utility Regulation › 8-1-2-6.8. Valuation of Property; Qualified Pollution Control Property Constructed After March 31, 2002

Sec. 6.8. (a) This section applies to a utility that begins construction of qualified pollution control property after March 31, 2002.
(b) As used in this section, "clean coal technology" means a technology (including precombustion treatment of coal):
(1) that is used in a new or existing energy generating facility and directly or indirectly reduces airborne emissions of sulfur, mercury, or nitrogen oxides or other regulated air emissions associated with the combustion or use of coal; and
(2) that either:
(A) was not in general commercial use at the same or greater scale in new or existing facilities in the United States at the time of enactment of the federal Clean Air Act Amendments of 1990 (P.L.101-549); or
(B) has been selected by the United States Department of Energy for funding under its Innovative Clean Coal Technology program and is finally approved for such funding on or after the date of enactment of the federal Clean Air Act Amendments of 1990 (P.L.101-549).
(c) As used in this section, "qualified pollution control property" means an air pollution control device on a coal burning energy generating facility or any equipment that constitutes clean coal technology that has been approved for use by the commission and that meets applicable state or federal requirements.
(d) As used in this section, "utility" refers to any energy generating utility allowed by law to earn a return on its investment.
(e) Upon the request of a utility that begins construction after March 31, 2002, of qualified pollution control property that is to be used and useful for the public convenience, the commission shall for ratemaking purposes add to the value of that utility's property the value of the qualified pollution control property under construction.
(f) The commission shall adopt rules under IC 4-22-2 to implement this section.
As added by P.L.159-2002, SEC.4.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2. Utility Regulation › 8-1-2-7. Valuation of Property; Hearings

Sec. 7. Before final determination of such value, the commission shall, after notice to the public utility, hold a public hearing as to such valuation in the manner prescribed for a hearing in sections 54 through 67 of this chapter, and the provisions of such sections so far as applicable shall apply to such hearing.
Formerly: Acts 1913, c.76, s.10. As amended by P.L.59-1984, SEC.12.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2. Utility Regulation › 8-1-2-8. Valuation of Property; Expenses; Orders

Sec. 8. (a) The commission, within five (5) days after any such valuation is determined, shall deliver a written statement thereof to the public utility interested and a copy thereof to the clerk of each municipality in which any part of the plant or equipment of such utility is located. In such statement, the commission shall declare and fix the reasonable and necessary expenses incurred by it in making such valuation, and, within twenty (20) days thereafter, the utility shall pay into the treasury of the state the amount of the expenses so declared and fixed.
(b) The commission shall not make any order, based on any such valuation, increasing any rate of any public utility until such expenses have been paid. All such moneys paid into the treasury of the state are hereby appropriated to the commission until and including September 30, 1925, to defray its expenses until said date and thereafter shall be paid into the general fund of the state.
Formerly: Acts 1913, c.76, s.11; Acts 1925, c.63, s.1. As amended by P.L.23-1988, SEC.22.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2. Utility Regulation › 8-1-2-10. Accounting Systems; Recovery of Deferred Costs

Sec. 10. (a) Every public utility shall keep and render to the commission, in the manner and form prescribed by the commission, uniform accounts of all business transacted. In formulating a system of accounting for any class of public utilities, the commission shall consider any system of accounting established by any federal law, commission, or department and any system authorized by a national association of such utilities.
(b) A public utility, municipally owned utility, or not-for-profit utility, including any utility owned, operated, or held in trust by a consolidated city, may defer for consideration by the commission and for future recovery costs incurred or to be incurred in a regulatory asset consistent with the accounting rules that concern the recognition of regulatory assets and that are in effect at the time the deferral decision is made by the utility, including any of the following costs, to the extent those specific costs are incremental and are not otherwise already included for recovery in the utility's rates:
(1) Financing costs.
(2) Depreciation expenses.
(3) Asset retirement obligations.
(4) Operation and maintenance costs.
(5) Capital costs.
(6) Tax costs.
(7) Tax credits.
(8) Incurred costs that are directly related to the preparation and conduct of a regulatory proceeding.
(c) Commission preapproval for the creation of a regulatory asset is not required.
(d) Notwithstanding section 68 of this chapter, a utility described in subsection (b) may recover through the utility's rates over a reasonable period, as determined by the commission, costs that are:
(1) deferred under this section; and
(2) found to be reasonable and prudent by the commission.
Formerly: Acts 1913, c.76, s.13. As amended by P.L.81-2023, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2. Utility Regulation › 8-1-2-11. Accounts and Accounting; Other Subsidiary Business

Sec. 11. Every public utility engaged, directly or indirectly, in any other or subsidiary business shall, if ordered by the commission, keep and render separately to the commission, in like manner and form, the accounts of all such business, in which case all the provisions of this chapter shall apply with like force and effect to the books, accounts, papers, and records of such other business; provided, every public utility may, with consent of the commission and the proper local authorities, furnish to all patrons or persons applying therefor any service, product, or commodity which it creates as a necessary incident and subsidiary to its main or primary business. No such consent shall be granted except as provided in section 86 of this chapter, and every such subsidiary business shall be subject to all the provisions of this chapter.
Formerly: Acts 1913, c.76, s.14. As amended by P.L.59-1984, SEC.13.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2. Utility Regulation › 8-1-2-12. Books, Accounts, Papers, and Records

Sec. 12. The commission shall prescribe the forms of all books, accounts, papers and records required to be kept, and every public utility is required to keep and render its books, accounts, papers and records accurately and faithfully in the manner and form prescribed by the commission and to comply with all directions of the commission relating to such books, accounts, papers and records.
Formerly: Acts 1913, c.76, s.15.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2. Utility Regulation › 8-1-2-13. Forms; Conduct of Business

Sec. 13. The commission shall cause to be prepared suitable blanks for carrying out the purpose of this chapter and shall, when necessary, furnish such blanks to each public utility.
Formerly: Acts 1913, c.76, s.16. As amended by P.L.59-1984, SEC.14.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2. Utility Regulation › 8-1-2-14. Books, Accounts, Papers, or Records; Approval of System

Sec. 14. No public utility shall keep any other books, accounts, papers or records of the business transacted than those prescribed or approved by the commission, unless required by other public authority.
Formerly: Acts 1913, c.76, s.17.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2. Utility Regulation › 8-1-2-15. Books, Accounts, Papers, or Records; Removal From State; Directors; Residence

Sec. 15. Each public utility shall have an office in one (1) of the towns or cities in this state in which its property or some part thereof is located, and shall keep in said office all books, accounts, papers, and records as shall be required by the commission to be kept within the state. No books, accounts, papers, or records required by the commission to be kept within the state shall be at any time removed from this state, except upon such conditions as may be prescribed by the commission. A majority in number of the board of directors of each and every company or association organized under Indiana statutes and coming under the provisions of this chapter shall be bona fide residents and citizens of the state of Indiana while acting as such directors.
Formerly: Acts 1913, c.76, s.18; Acts 1915, c.110, s.1. As amended by P.L.59-1984, SEC.15.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2. Utility Regulation › 8-1-2-16. Accounts; Closing Date; Filing With Commission

Sec. 16. The accounts shall be closed annually on the thirty-first day of December, and a balance sheet of that date promptly taken therefrom. On or before the thirtieth day of April following, such balance sheet, together with such other information as the commission shall prescribe, verified by an officer of the public utility, shall be filed with the commission.
Formerly: Acts 1913, c.76, s.19; Acts 1917, c.150, s.1. As amended by Acts 1979, P.L.84, SEC.3; P.L.103-1983, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2. Utility Regulation › 8-1-2-17. Accounts; Examination and Audit

Sec. 17. The commission shall provide for the examination and audit of all accounts, and all items shall be allocated to the accounts in the manner prescribed by the commission.
Formerly: Acts 1913, c.76, s.20.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2. Utility Regulation › 8-1-2-18. Books, Accounts, Papers, Records, and Memoranda; Inspection and Examination

Sec. 18. The agents, accountants or examiners employed by the commission shall have authority, under the direction of the commission, to inspect and examine any and all books, accounts, papers, records and memoranda kept by such public utility.
Formerly: Acts 1913, c.76, s.21.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2. Utility Regulation › 8-1-2-19. Depreciation Account; Commission Determination of Depreciation Amount

Note: This version of section effective until 4-20-2023. See also following version of this section, effective 4-20-2023.
Sec. 19. Every public utility shall carry a separate, proper and adequate depreciation account whenever the commission, after investigation, shall determine that such depreciation account reasonably can be required. The commission, from time to time, shall ascertain and determine the proper and adequate rates of depreciation of the several classes of property of each public utility. The rates, tolls and charges shall be such as will provide the amounts required over and above the reasonable and necessary operating expenses, to maintain such property in an operating state of efficiency corresponding to the progress of the industry. Each public utility shall conform its depreciation accounts to such rates, so ascertained and determined by the commission. Subject to IC 8-1-8.5-2.1(d), the commission shall make changes in such rates of depreciation, from time to time, as it may find necessary.
Formerly: Acts 1913, c.76, s.22; Acts 1925, c.64, s.1. As amended by P.L.2-2023, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2. Utility Regulation › 8-1-2-19-b. Depreciation Account; Calculation of Depreciation Rates; Inclusion of Depreciation and Asset Retirement Costs in Utility Rates

Note: This version of section effective 4-20-2023. See also preceding version of this section, effective until 4-20-2023.
Sec. 19. (a) Every public utility shall carry a separate, proper and adequate depreciation account whenever the commission, after investigation, shall determine that such depreciation account reasonably can be required.
(b) The commission, from time to time, shall ascertain and determine the proper and adequate rates of depreciation of the several classes of property of each public utility. Depreciation rates under this subsection shall be calculated to recover a reasonable estimate of the future cost of removing retired assets of the public utility.
(c) A public utility's rates, tolls and charges shall be such as will provide the amounts required over and above the reasonable and necessary operating expenses, to maintain such property in an operating state of efficiency corresponding to the progress of the industry. In a proceeding in which the costs of a capital asset are being recognized for ratemaking purposes, a public utility may account for any asset retirement obligations and recover, through rates charged to customers, reasonably and prudently incurred costs associated with asset retirement obligations, to the extent the specific asset retirement obligation costs are incremental and have not otherwise been included in depreciation rates. Each public utility shall conform its depreciation accounts to the rates so ascertained and determined by the commission.
(d) Subject to IC 8-1-8.5-2.1(d), the commission shall make changes in a public utility's rates of depreciation, from time to time, as the commission finds necessary, including as necessary to reflect changes in:
(1) the public utility's estimated asset retirement costs, including all reasonable and prudent costs of removing retired assets; and
(2) the estimated retirement dates of assets of the public utility.
Formerly: Acts 1913, c.76, s.22; Acts 1925, c.64, s.1. As amended by P.L.2-2023, SEC.1; P.L.81-2023, SEC.2; P.L.170-2023, SEC.4.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2. Utility Regulation › 8-1-2-20. Depreciation Account; Rules, Regulations, and Forms

Sec. 20. The commission shall also prescribe rules, regulations and forms of accounts regarding such depreciation, which the public utility is required to carry into effect.
Formerly: Acts 1913, c.76, s.23.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2. Utility Regulation › 8-1-2-21. Depreciation; Rates, Tolls, and Charges

Sec. 21. The commission shall provide for such depreciation in fixing the rates, tolls and charges to be paid by the public.
Formerly: Acts 1913, c.76, s.24.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2. Utility Regulation › 8-1-2-22. Depreciation Fund; Management

Sec. 22. All money thus provided shall be set aside out of the earnings and carried in a separate depreciation fund. The money in this fund shall be applied first to depreciation expenses. Any balance in the fund, not applied to depreciation expenses, may be invested by the public utility or expended temporarily by it for new construction, extensions or additions to its utility property. This fund shall be used for no other purpose. If invested, the income from the investment shall be carried into and become a part of the depreciation fund. Any balance, not applied to depreciation expenses, shall always remain a part of the depreciation fund. In no event shall moneys, temporarily expended from this fund for new construction, extensions or additions to the property, be carried into or considered a part of the capital account of such public utility. Upon the sale of any public utility property, to continue in operation as such, the balance in the depreciation fund, unexpended for depreciation expenses, shall be transferred to the purchaser and by the purchaser shall be held, administered and used as herein authorized and required.
Formerly: Acts 1913, c.76, s.25; Acts 1925, c.64, s.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2. Utility Regulation › 8-1-2-23. Construction Accounts; Additions or Extension; Approval by Commission

Sec. 23. The commission shall keep itself informed of all new construction, extensions and additions to the property of such public utility and shall prescribe the necessary forms, regulations and instructions to the officers and employees of such public utility for the keeping of construction accounts which shall clearly distinguish all operating expenses and new construction. Unless a public utility shall obtain the approval by the commission of any expenditure exceeding ten thousand dollars ($10,000) for an extension, construction, addition or improvement of its plant and equipment, the commission shall not, in any proceeding involving the rates of such utility, consider the property acquired by such expenditures as a part of the rate base, unless in such proceeding the utility shall show that such property is in fact used and useful in the public service; Provided, That the commission in its discretion may authorize the expenditure for such purpose of a less amount than shown in such estimate.
Formerly: Acts 1913, c.76, s.26; Acts 1933, c.190, s.5.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2. Utility Regulation › 8-1-2-23.5. Public Utility May Seek Approval of Plan to Develop Future Source of Water Supply; Treatment of Cost for Ratemaking Purposes

Sec. 23.5. (a) A public utility that provides water utility service may file a petition with the commission to seek approval of a plan to develop a future source of water supply. Any plan submitted must include a completion date by which the public utility will place the future source of water supply into service. The completion date may not be later than fifteen (15) years after the date on which the plan is submitted. The public utility's plan must include:
(1) the public utility's timetable for placement in service of the future source of supply;
(2) the cost of the source of supply;
(3) the need for a new source of supply within the public utility's timetable;
(4) the availability of alternatives to the proposed source of supply; and
(5) the need to secure property rights to preserve and protect the planned future source of supply.
The commission shall approve the public utility's plan if the commission finds that the plan is reasonable and prudent for the provision of safe and reliable service.
(b) In general rate cases, following approval of a public utility's plan under this section, the commission shall for ratemaking purposes add to the value of the public utility's property under section 6 of this chapter the public utility's actual cost not to exceed the cost presented to the commission under subsection (a) as expenditures incurred for land, studies, development costs, and construction in developing a future source of water supply even though the source of supply is not yet used and useful in the provision of service. If the public utility's actual cost exceeds the cost presented to the commission under subsection (a), the additional costs shall be included once the source of water supply is in service if the commission finds that the additional costs were prudently incurred.
(c) If a public utility has an approved plan under this section and the public utility has not placed the source of water supply into service before the date set forth to the commission in the public utility's timetable under subsection (a), the following apply:
(1) Subsection (b) does not apply, unless the public utility obtains the commission's approval for amendment of the public utility's plan to extend the timetable. The commission shall consider the elements listed in subsection (a) in determining whether to approve the amendment of the plan.
(2) The commission shall establish a refund procedure to restore to ratepayers all payments that the public utility collected under subsection (b), with interest, and shall remove the value added to the public utility's property under subsection (b), unless an extension is approved under subdivision (1).
As added by P.L.91-2017, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2. Utility Regulation › 8-1-2-25. Rates and Charges; Rules and Regulations Involving Changes

Sec. 25. The commission shall ascertain, determine and order such rates, charges and regulations as may be necessary to give effect to such arrangement, but the right and power to make such other and further changes in rates, charges and regulations as the commission may ascertain and determine to be necessary and reasonable, and the right to revoke its approval and amend or rescind all orders relative thereto, is reserved and vested in the commission, notwithstanding any such arrangement and mutual agreement.
Formerly: Acts 1913, c.76, s.28.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2. Utility Regulation › 8-1-2-26. Financial Statements and Accounts

Sec. 26. Each public utility shall furnish to the commission in such form and at such time as the commission shall require, such accounts, reports, and information as will show in itemized detail:
(1) the depreciation per unit;
(2) the salaries and wages separately per unit;
(3) legal expenses per unit;
(4) taxes and rentals separately per unit;
(5) the quantity and value of material used per unit;
(6) the receipts from residuals, byproducts, services or other sales, separately per unit;
(7) the total and net cost per unit;
(8) the gross and net profit per unit;
(9) the dividends and interest per unit;
(10) surplus or reserve per unit;
(11) the prices per unit paid by consumer;
(12) names of, and amount of fees paid to, legal counsel who are not employees;
(13) names of, and amount of fees paid to, other consultants; and
(14) such other items, whether of a nature similar to those hereinbefore enumerated or otherwise, as the commission may prescribe, in order to show completely and in detail the entire operation of the public utility in furnishing the unit of its product or service for the public.
Formerly: Acts 1913, c.76, s.29. As amended by P.L.103-1983, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2. Utility Regulation › 8-1-2-29. Public Inspection of Commission Reports, Files, and Records; Access of Parties to Relevant Rate Information

Sec. 29. (a) All facts and information in the possession of the commission and all reports, records, files, books, accounts, papers, and memoranda of every nature whatsoever in its possession shall be open to inspection by the public at all reasonable times subject to IC 5-14-3.
(b) Nothing in this section shall be construed to limit the access of parties to rate and finance proceedings before the commission to information in the possession of another party that is relevant to the issues in the proceeding.
Formerly: Acts 1913, c.76, s.32. As amended by P.L.59-1984, SEC.17; P.L.88-1985, SEC.3; P.L.114-1987, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2. Utility Regulation › 8-1-2-32. Standard Commercial Units of Product or Service

Sec. 32. The commission shall ascertain and prescribe for each kind of public utility suitable and convenient standard commercial units of product or service. These shall be lawful units for the purpose of this chapter.
Formerly: Acts 1913, c.76, s.35. As amended by P.L.59-1984, SEC.18.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2. Utility Regulation › 8-1-2-33. Standard Measurements for Units of Product or Service

Sec. 33. The commission shall ascertain and fix adequate and serviceable standards for the measurement of quality, pressure, initial voltage, or other conditions pertaining to the supply of the product or service rendered by any public utility and prescribe reasonable regulations for examinations and testing of such product or service and for the measurement thereof.
Formerly: Acts 1913, c.76, s.36.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2. Utility Regulation › 8-1-2-34. Meters and Measuring Appliances; Specifications and Standards

Sec. 34. The commission shall establish reasonable rules, regulations, specifications, and standards to secure the accuracy of all meters and appliances for measurements, and every public utility is required to carry into effect all orders issued by the commission relative thereto. Nothing contained in this section shall limit in any manner any powers or authority vested in municipal corporations as provided in section 101 of this chapter.
Formerly: Acts 1913, c.76, s.37. As amended by P.L.59-1984, SEC.19.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2. Utility Regulation › 8-1-2-34.5. Customer Service; Determination of Complaints

Sec. 34.5. (a) The Commission shall establish reasonable rules and regulations to govern the relations between public utilities and any or all classes of their customers. Those rules and regulations shall cover the following subjects:
(1) extension of service;
(2) extension of credit;
(3) deposits, including interest thereon;
(4) billing procedures;
(5) termination of service;
(6) complaints; and
(7) information and notice to customers of their rights under the rules.
(b) Notwithstanding IC 8-1-2-54, the commission may investigate and enter orders on complaints filed by individual customers arising under this section. The commission may establish an appeals division to act on its own behalf regarding individual customer complaints. The decision of the division shall be binding on all parties to the complaint. The commission shall review decisions of the appeals division upon timely request by an affected party.
(c) This section does not invalidate any rule or regulation adopted by the commission before July 1, 1979, to govern the relations between public utilities and their consumers if the rule or regulation is consistent with this section.
As added by Acts 1979, P.L.85, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2. Utility Regulation › 8-1-2-35. Meters and Measuring Appliances; Testing

Sec. 35. The commission shall provide for the examination and testing of any and all appliances used for the measuring of any product or service of a public utility. Any consumer or user may have any such appliance tested upon payment of the fees fixed by the commission. The commission shall declare and establish reasonable fees to be paid for testing such appliances on the request of the consumers or users, the fee to be paid by the consumer or user at the time of his request, but to be paid by the public utility and repaid to the consumer or user if the appliance or rate be found unreasonably defective or incorrect to the disadvantage of the consumer or user.
Formerly: Acts 1913, c.76, s.38.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2. Utility Regulation › 8-1-2-36. Meters and Measuring Instruments; Purchase by Commission for Examinations and Tests

Sec. 36. The commission may purchase such material, apparatus and standard measuring instruments for such examinations and tests as it may deem necessary.
Formerly: Acts 1913, c.76, s.39.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2. Utility Regulation › 8-1-2-36.5. Installation of Submetering Equipment for Individual Units; Adoption of Rules

Sec. 36.5. (a) As used in this section, "building" means any building containing more than one (1) residential unit, including trailer courts and similar multiple user installations, but does not include hotels, motels, or other similar transient lodging.
(b) Notwithstanding any other law, any owner, operator, or manager of a building in which:
(1) units of the building are separately rented or leased; and
(2) units of the building are not individually metered for electricity because the building is exempt from commission rules on master metering or for any other lawful reason;
may install kilowatt hour submetering equipment for each individual dwelling unit to fairly allocate the cost of each individual dwelling unit's electrical consumption and charge the tenant of the dwelling unit for that consumption.
(c) The submetering equipment shall be used to measure the number of kilowatt hours used by a tenant during a particular billing period. The amount that a tenant owes is equal to:
(1) the total number of kilowatt hours consumed by the tenant during a particular billing period; multiplied by
(2) a fraction, the numerator of which is the total electric bill for a master meter, and the denominator of which is the total kilowatt hours consumed on a master meter, all for the same billing period as in subdivision (1).
The total electric bill for a master meter, in addition to the rate per kilowatt hour, includes any sales tax, demand charges, energy component charges, and any other taxes or charges that are lawfully applied to the bill. The owner, operator, or manager of a building or buildings served by a master meter may not impose on the tenant any extra charges over and above the total electric bill for a master meter (which includes the rate per kilowatt hour and any lawful taxes or charges, but does not include a late payment charge) for a particular billing period than is charged to the owner, operator, or manager of a building or buildings served by a master meter.
(d) The commission shall adopt rules in accordance with IC 4-22-2 to govern the following:
(1) Maintenance of adequate records by the owner, operator, or manager of a building or buildings served by a master meter.
(2) Accuracy, testing, and recordkeeping associated with the submeters.
(3) Complaints of violations of this section, filed with and investigated by the consumer affairs department of the commission.
(4) Procedures for the installation of submetering equipment.
(5) Procedures for hearings on complaints filed under subdivision (3).
(6) Any other rules necessary to carry out this section.
(e) In the hearings on complaints under subsection (d)(5), the commission's authority is limited solely to a determination of whether a violation did in fact occur.
(f) The commission shall adopt rules in accordance with IC 4-22-2 to carry out this section.
As added by P.L.60-1984, SEC.1. Amended by P.L.7-1987, SEC.11; P.L.23-1988, SEC.23.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2. Utility Regulation › 8-1-2-37. Entry on Property; Testing Meters and Measuring Instruments

Sec. 37. The commission, its agents, experts, or examiners shall have power to enter upon any premises occupied by any public utility for the purpose of making the examinations and tests provided in this chapter and to set up and use on such premises any apparatus and appliances and occupy reasonable space therefor.
Formerly: Acts 1913, c.76, s.40. As amended by P.L.59-1984, SEC.20.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2. Utility Regulation › 8-1-2-38. Filing Schedule of Rates and Charges

Sec. 38. Every public utility shall file with the commission, within a time fixed by the commission, schedules, which shall be open to public inspection, showing all rates, tolls and charges which it has established and which are enforced at the time for any service performed by it within the state, or for any service in connection therewith, or performed by any public utility controlled or operated by it. The rates, tolls and charges shown on such schedules shall not exceed, without the consent of the commission, the rates, tolls and charges in force January 1, 1913.
Formerly: Acts 1913, c.76, s.41.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2. Utility Regulation › 8-1-2-39. Filing Schedule of Rates and Charges; Rules and Regulations to Accompany

Sec. 39. Every public utility shall file, with and as a part of such schedule, all rules and regulations that in any manner affect the rates charged or to be charged for any service.
Formerly: Acts 1913, c.76, s.42.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2. Utility Regulation › 8-1-2-40. Copies of Schedule; Public Inspection

Sec. 40. A copy of so much of said schedule as the commission shall deem necessary for the use of the public shall be printed in plain type, and kept on file in every station or office of such public utility where payments are made by the consumers or users, open to the public in such form and place as to be readily accessible to the public and as can be conveniently inspected.
Formerly: Acts 1913, c.76, s.43.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2. Utility Regulation › 8-1-2-41. Schedule of Joint Rates and Charges; Printing

Sec. 41. Where a schedule of joint rates or charges is or may be in force between two (2) or more public utilities, such schedules shall, in like manner, be printed and filed with the commission and so much thereof as the commission shall deem necessary for the use of the public shall be filed in every such station or office as provided in sections 38 and 40 of this chapter.
Formerly: Acts 1913, c.76, s.44. As amended by P.L.59-1984, SEC.21.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2. Utility Regulation › 8-1-2-42.3. Calculation of Relevant Period; Determination of Reduction; Exception

Sec. 42.3. (a) As used in this section, "relevant period" means the last month of the twelve (12) month test period considered in the current application before the commission under section 42(d)(3) and 42(g)(3)(c) of this chapter and extending through the longer of the:
(1) immediately preceding fifty-nine (59) months; or
(2) period beginning with the first full month following the last order issued by the commission in which the utility's basic rates and charges were approved.
(b) The commission shall order a reduction in the:
(1) fuel charge applied for under section 42(d)(3) of this chapter; or
(2) gas cost adjustment applied for under section 42(g)(3)(c) of this chapter;
only if the amount determined under subsection (c) is greater than zero.
(c) The commission shall calculate for the relevant period the sum of the differentials (both positive and negative) between the determined return and the authorized return for the respective twelve (12) month test period for each application for the relevant period, in each case as shown directly or indirectly by the commission's findings in each respective order issued under section 42(d) or 42(g) of this chapter.
(d) Consistent with subsection (b), the amount of reduction shall be determined by dividing the lesser of:
(1) the amount determined under subsection (c); or
(2) the amount by which the return in the current application before the commission was more than the authorized return;
by the total number of applications filed during the twelve (12) month test period considered in the current application before the commission.
(e) This section does not apply to a general district corporation within the meaning of IC 8-1-13-23(a).
As added by P.L.108-1995, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2. Utility Regulation › 8-1-2-42.5. Periodic Review of Rates and Charges; Commission to Post Summary of Reviews of Electricity Suppliers on Internet Web Site

Sec. 42.5. (a) The commission shall by rule or order, consistent with the resources of the commission and the office of the utility consumer counselor, require that the basic rates and charges of all public, municipally owned, and cooperatively owned utilities (except those utilities described in section 61.5 of this chapter) are subject to a regularly scheduled periodic review and revision by the commission. However, the commission shall conduct the periodic review at least once every four (4) years and may not authorize a filing for an increase in basic rates and charges more frequently than is permitted by operation of section 42(a) of this chapter.
(b) The commission shall make the results of the commission's most recent periodic review of the basic rates and charges of an electricity supplier (as defined in IC 8-1-2.3-2(b)) available for public inspection by posting a summary of the results on the commission's Internet web site. If an electricity supplier whose basic rates and charges are reviewed under this section maintains a publicly accessible Internet web site, the electricity supplier shall provide a link on the electricity supplier's Internet web site to the summary of the results posted on the commission's Internet web site.
As added by P.L.88-1985, SEC.4. Amended by P.L.264-2017, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2. Utility Regulation › 8-1-2-43. New Schedules; Filing

Sec. 43. Copies of all new schedules shall be filed as hereinbefore provided in every station or office of such public utility where payments are made by consumers or users ten (10) days prior to the time the same are to take effect, unless the commission shall prescribe a less time.
Formerly: Acts 1913, c.76, s.46.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2. Utility Regulation › 8-1-2-44. Overcharges and Undercharges

Sec. 44. It shall be unlawful for any public utility to charge, demand, collect, or receive a greater or less compensation for any service performed by it within the state, or for any service in connection therewith, than is specified in such printed schedules, including schedules of joint rates, as may at the time be in force, or to demand, collect, or receive any rates, tolls, or charges not specified in such schedule. The rates, tolls, and charges named therein shall be the lawful rates, tolls, and charges unless the same are changed as provided in this chapter.
Formerly: Acts 1913, c.76, s.47. As amended by P.L.59-1984, SEC.22.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2. Utility Regulation › 8-1-2-45. Rate Schedules; Changes in Form

Sec. 45. The commission may prescribe such changes in the form in which the schedules are issued by any public utility as may be found to be expedient.
Formerly: Acts 1913, c.76, s.48.