reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 8.5 - SEWAGE DISPOSAL SERVICES › Rule 4 - Extension of Sewer Mains › Section 4-32 - Cost options

Current through July 10, 2024
Authority: IC
				  8-1-2-47;
				  IC
				  8-1-2-69;
				  IC
				  8-1-2-89
Affected: IC
				  8-1-1-3;
				  IC
				  8-1-2-89
Sec. 32.
(a) The
				utility shall file with the commission, for approval, its choice of the
				following options with appropriately revised rules:
(1) For the main extension, the applicant
				shall be allowed to pay the cost of the main extension, and the full gross-up
				state and federal taxes associated with the cost of the extension and the
				applicant shall receive refunds as provided in sections 36 through 37 of this
				rule.
(2) For the main extension,
				the applicant shall be allowed to pay the cost of the main extension exclusive
				of the tax associated with the main extension, and the applicant shall receive
				refunds as provided in sections 36 through 37 of this rule.
(3) For the main extension, the applicant
				shall be allowed the option of paying the cost of the main extension and full
				gross-up state and federal taxes associated with the cost of the main
				extension, and the applicant shall receive refunds as provided in sections 36
				through 37 of this rule, or paying the cost of the main extension exclusive of
				the tax associated with the main extension, and the applicant shall forfeit all
				rights to immediate revenue allowances and to refunds, except for subsequent
				connector's fees.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 8.5 - SEWAGE DISPOSAL SERVICES › Rule 4 - Extension of Sewer Mains › Section 4-33 - Total required deposit

Current through July 10, 2024
Authority: IC
				  8-1-2-47;
				  IC
				  8-1-2-69;
				  IC
				  8-1-2-89
Affected: IC
				  8-1-1-3;
				  IC
				  8-1-2-89
Sec. 33.
(a) In the
				case of a residential real estate development, immediate revenue allowance may
				not be deducted from the cost of the main extension in determining the amount
				of the total required deposit, except for those residential dwelling units, if
				any, where construction has commenced above the first floor level.
(b) In the case of a commercial or industrial
				real estate development, immediate revenue allowance may not be deducted from
				the cost of the main extension in determining the amount of the total required
				deposit, except where building construction has commenced and pertinent data,
				such as customer types, service pipe, metering arrangements, and sewer demands,
				have been furnished to the utility, to allow the utility to determine the
				estimated annual revenue from that development.
(c) The total required deposit for a main
				extension may either be made in a cash payment or it may be secured by an
				irrevocable letter of credit acceptable to the utility and issued by a national
				banking association or a bank chartered under the laws of the state. The
				deposit may also be secured in any other manner which is mutually acceptable to
				the parties and which guarantees payment of the deposit immediately upon
				completion of the main extension.
(d) If permitted by the utility, the main
				extension may be installed by the developer or the developer's contractor
				according to the extension and installation policies of the utility, and the
				actual cost of the developer-installed extension shall be considered the total
				required deposit.
(e) A utility may
				allocate, or permit original depositors to allocate, the total required deposit
				on the basis of the number of lots, the respective lot frontage, or any other
				basis mutually acceptable to the original depositors.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 8.5 - SEWAGE DISPOSAL SERVICES › Rule 4 - Extension of Sewer Mains › Section 4-34 - Subsequent connector fee

Current through July 10, 2024
Authority: IC
				  8-1-2-47;
				  IC
				  8-1-2-69;
				  IC
				  8-1-2-89
Affected: IC
				  8-1-1-3;
				  IC
				  8-1-2-89
Sec. 34.
(a) Within
				ten (10) years after the completion date of the main extension, a utility shall
				not permit a subsequent connector to connect to a main extension until after
				the subsequent connector has paid the required subsequent connector's fee to
				the utility.
(b) Applicants for
				service connections for lots in subdivision and tract developments which are
				included in the original depositor's main extension agreement, are not required
				to pay a subsequent connector's fee, unless otherwise specifically provided for
				in the main extension agreement.
(c) If a prospective customer with frontage
				land that was unplatted on one (1) or both sides of the street at the time the
				main extension was installed later subdivides this frontage prior to the
				expiration of the ten (10) years after the completion date of the main
				extension in such a manner that some or all lots will not require service
				directly from that main extension, the customer is considered to have requested
				another extension from that main extension to serve the customer's land. The
				utility in that case shall collect from the prospective customer prior to
				installing the requested second extension, a subsequent connector's fee for
				each equivalent lot of the frontage land used in determining the main extension
				cost per lot and which will not be served directly by the original main
				extension.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 8.5 - SEWAGE DISPOSAL SERVICES › Rule 4 - Extension of Sewer Mains › Section 4-35 - Refunds

Current through July 10, 2024
Authority: IC
				  8-1-2-47;
				  IC
				  8-1-2-69;
				  IC
				  8-1-2-89
Affected: IC
				  8-1-1-3;
				  IC
				  8-1-2-89
Sec. 35.
(a) Refunds
				shall be paid for a period of ten (10) years after the completion date of the
				main extension to the original depositor in proportion to the respective
				deposits, unless the original depositor for the main extension forfeited all
				rights to refunds, except subsequent connector's fees, as provided in section
				32(a)(3) of this rule.
(b) However,
				no refunds shall be required to be made by the utility until the number of
				customers actually connected to the main extension equals the number of
				applicants for which an immediate revenue allowance was included in computing
				the total required deposit for the main extension. The refunds shall be paid
				annually or more frequently at regular intervals at the discretion of the
				utility.
(c) Total refunds to any
				original depositor shall not exceed the amount of the original deposit except
				in the case of a phased residential real estate development. In this situation
				the preliminary plat must be submitted to the utility at the time of the first
				request for a main extension. During the ten (10) year period beginning with
				the completion date of the first main extension, the amount of any refunds
				generated in excess of the deposit made on any phase of the development must be
				applied against the deposit made for any other phase of the development, so
				long as the total amount of refunds to the original depositor shall not at any
				time exceed the total amount of his deposits during the period. The utility
				shall not require any subsequent connector's fee which is in excess of the
				unrefunded balance of the aggregate of deposits received from all original
				depositors.
(d) The refund shall be
				made by mailing the payment to the original depositor's last known address as
				shown on the books and records of the utility. Any refund distribution which
				cannot be returned to an original depositor after the refund becomes due and
				payable must be reported as required by IC 32-9-1-42
[Repealed by P.L.
				31-1995, SECTION 9, effective July 1, 1996.]
.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 8.5 - SEWAGE DISPOSAL SERVICES › Rule 4 - Extension of Sewer Mains › Section 4-36 - Deposit

Current through July 10, 2024
Authority: IC
				  8-1-2-47;
				  IC
				  8-1-2-69;
				  IC
				  8-1-2-89
Affected: IC
				  8-1-1-3;
				  IC
				  8-1-2-89
Sec. 36.
A deposit shall be held by the utility as a customer's
				  advance for construction. Any deposit which is not subject to refund because of
				  the running of the ten (10) year period as provided in section 35 of this rule,
				  shall be transferred by the utility to contributions in aid of construction. If
				  the original depositor for a main extension forfeits all rights to a refund,
				  except for subsequent connector's fees, as provided in section 32(a)(3) of this
				  rule, the payment must be included in contributions in aid of construction and
				  the associated taxes shall be deducted from contributions in aid of
				  construction. All other deposits must be held as customers' advances for
				  construction until returned to the original depositor or be reported as
				  required under IC 32-9-1-36
[Repealed by P.L. 31-1995, SECTION 9,
				  effective July 1, 1996.]
, and as provided under section 35 of this
				  rule.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 8.5 - SEWAGE DISPOSAL SERVICES › Rule 4 - Extension of Sewer Mains › Section 4-37 - Basis for costs

Current through July 10, 2024
Authority: IC
				  8-1-2-47;
				  IC
				  8-1-2-69;
				  IC
				  8-1-2-89
Affected: IC
				  8-1-1-3;
				  IC
				  8-1-2-89
Sec. 37.
If the applicant is required to make any payment, the utility
				  shall, upon request, make the following available to the applicant:
(1) The information used to establish the
				basis for the cost of the main extension.
(2) The information used to establish the
				basis for the estimated annual revenue for a period of three (3) years to be
				realized by the utility from permanent and continuing customers on main
				extensions as required by this rule.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 8.5 - SEWAGE DISPOSAL SERVICES › Rule 4 - Extension of Sewer Mains › Section 4-38 - Extension exception

Current through July 10, 2024
Authority: IC
				  8-1-2-47;
				  IC
				  8-1-2-69;
				  IC
				  8-1-2-89
Affected: IC
				  8-1-1-3;
				  IC
				  8-1-2-89
Sec. 38.
A utility shall not be required to make extensions as
				  described in this rule unless the applicants to be initially served by those
				  extensions contract to use the service for a period of three (3) years. A bond
				  may be required of the applicant in this situation.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 8.5 - SEWAGE DISPOSAL SERVICES › Rule 4 - Extension of Sewer Mains › Section 4-39 - Special contract

Current through July 10, 2024
Authority: IC
				  8-1-2-47;
				  IC
				  8-1-2-69;
				  IC
				  8-1-2-89
Affected: IC
				  8-1-1-3;
				  IC
				  8-1-2-89
Sec. 39.
(a) A
				utility may require a special contract when:
(1) the requested main extension is of such
				length and the prospective business to be developed by it is so meager as to
				make it doubtful whether the business from the extension would ever pay a fair
				return on the utility investment involved in such extension;
(2) the prospects are that the patronage and
				demand will not be of such permanency as to warrant the capital expenditure
				involved;
(3) there are industrial
				installations requiring extensive sewer utility investment and where the demand
				for sewer service is expected to be slight, irregular, or of unknown quantity;
				or
(4) there are other abnormal or
				extraordinary circumstances.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 8.5 - SEWAGE DISPOSAL SERVICES › Rule 4 - Extension of Sewer Mains › Section 4-40 - Prohibition exception

Current through July 10, 2024
Authority: IC
				  8-1-2-47;
				  IC
				  8-1-2-69;
				  IC
				  8-1-2-89
Affected: IC
				  8-1-1-3;
				  IC
				  8-1-2-89
Sec. 40.
This rule does not prohibit a utility from making free
				  extensions of lengths greater than specified in this rule or from providing a
				  method of return of deposits for extensions more favorable to original
				  depositors, so long as discrimination is not practiced among applicants or
				  original depositors whose service requirements are similar.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 8.6 - SEWER TRACKER › Rule 1 - General Provisions › Section 1-1 - Definitions

Current through July 10, 2024
Authority: IC 8-1-1-3; IC 8-1-2-42; IC 8-1-2-47
Affected: IC 8-1-1-3; IC 8-1-2-1; IC 8-1-2-42
Sec. 1.
(a)
				"Commission" means the Indiana utility regulatory commission.
(b) "Sewer utility" means a utility engaged
				in supplying sewage disposal service to the public at rates which are subject
				to the jurisdiction of this commission, and which purchases sewage disposal
				service from another utility.
(c)
				"Supplier" means a utility supplying sewage disposal service to a sewer
				utility.
(d) "Sewer tracker" means
				the mechanism available to a sewer utility to recover an increase in costs, or
				refund a decrease in costs associated with a change in supplier's
				rates.
(e) "Application for sewer
				tracker" means an application submitted to the engineering division of the
				commission in accordance with
				170 IAC
				8.6-1-2 and in accordance with IC 8-1-2-42, which
				functions as a request, or in support of a request for a sewer
				tracker.
(f) "Sewer tracker
				application form" means that current set of forms, schedules, blanks, and
				instructions generated by the engineering division of the commission and made
				available to those who would request an increase or decrease under
				170 IAC
				8.6-1-2. The staff shall develop the set of forms,
				schedules, blanks, and instructions which comprise the sewer tracker form. Such
				forms will be revised from time to time as circumstances dictate.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 8.6 - SEWER TRACKER › Rule 1 - General Provisions › Section 1-2 - Filing requirements

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-42; IC
				  8-1-2-47
Affected: IC
				  8-1-1-3;
				  IC
				  8-1-2-42
Sec. 2.
(a) Any
				sewer utility availing itself of this procedure must submit an application for
				a sewer tracker to the engineering division in care of the secretary of the
				commission. Said application must include:
(1)
				A copy of the proposed written notice required in (b) of this section. Proof of
				publication of the actual notice required in (b) of this section must be
				submitted prior to final approval of the sewer tracker.
(2) A complete sewer tracker application form
				in its current version, which form is available from the engineering division
				of the commission.
(3) A copy of
				the resolution or ordinance of the utility's governing body or minutes of the
				meeting which authorizes the application for sewer tracker.
(4) A verified statement by an officer or
				manager of the sewer utility detailing the amount of the sewer tracker and the
				effective date of the supplier's rate change.
(5) Two copies of the sewer utility's current
				tariff with reference to Appendix "A" and two copies of Appendix "A".
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 8.6 - SEWER TRACKER › Rule 1 - General Provisions › Section 1-3 - Processing

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-47
Affected: IC
				  8-1-1-3
Sec. 3.
The commission staff will review the application for sewer
				  tracker. The staff review will include but shall not be limited to the
				  following:
(1) Whether the revised
				sewage disposal service costs are true and correct.
(2) Whether the proposed revised rates filed
				by the sewer utility are no more than sufficient to offset the changed rates of
				the supplier.
(3) Whether the
				utility's calculations are mathematically accurate.
(4) The effective date of the supplier's
				rates and the nature and permanency thereof.
(5) Whether an investor-owned sewer utility
				is earning a return in excess of the return authorized in the sewer utility's
				last rate case.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 9 - RURAL ELECTRIFICATION ADMINISTRATION › Rule 1 - Accounting System Requirements for Telephone Company Borrowers › Section 1-1 - Telephone company borrowers; adoption of accounting system rules and regulations of Rural Electrification Administration

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-10
Affected: IC
				  8-1-2-10
Sec. 1.
IT IS THEREFORE ORDERED BY THE PUBLIC SERVICE COMMISSION OF
				  INDIANA that the Rules and Regulations governing the accounting system
				  requirements for telephone company borrowers of the Rural Electrification
				  Administration for telephone companies operating within the State of Indiana as
				  approved, prescribed and promulgated by the Rural Electrification
				  Administration, U. S. Department of Agriculture, as set out in REA Bulletin
				  461-1 effective January 1, 1972, as hereinafter set out as Appendix A attached
				  hereto and made a part hereof, be, and the same are hereby adopted.
Appendix A
Accounting System Requirements for
Telephone Borrowers of the
Rural Electrification Administration
Effective January 1, 1972
Rural Electrification Administration
U. S. Department of Agriculture
REA Bulletin 461-1
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 9 - RURAL ELECTRIFICATION ADMINISTRATION › Rule 2.1 - Accounting System Requirements for Electric Borrowers › Section 2.1-1 - Electric borrowers; adoption of accounting system rules and regulations of Rural Electrification Administration

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-13-18
Affected: IC
				  8-1-2-10; IC
				  8-1-2-12
Sec. 1.
IT IS THEREFORE ORDERED BY THE PUBLIC SERVICE COMMISSION OF
				  INDIANA that the rules and regulations governing the accounting system
				  requirements for electric borrowers of the Rural Electrification Administration
				  as approved, prescribed and promulgated by the Rural Electrification
				  Administration, U.S. Department of Agriculture, as set out in REA Bulletin
				  181-1, effective January 1, 1978, should be adopted and promulgated.
Copies of REA Bulletin 181-1 Rural Electrification
				  Administration, U.S. Department of Agriculture, effective January 1, 1978 may
				  be purchased from the Superintendent of Documents, U.S. Government Printing
				  Office, Washington, D.C. 20402.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 10 - PRESERVATION OF RECORDS › Rule 1 - Telephone Companies › Section 1-1 - Telephone companies; preservation of records

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-15
Affected: IC
				  8-1-2-12
Sec. 1.
The rules and regulations governing the preservation of
				  records of telephone companies operating within the State of Indiana as
				  approved, prescribed and promulgated by the Federal Communications Commission
				  for the use of communication common carriers as set out in Part 42 of Volume
				  VIII FCC Rules and Regulations as hereinafter set out in Appendix A, attached
				  hereto and made a part hereof, be and the same are hereby adopted.
Appendix A
Rules and Regulations
Part 42
Preservation of Records of
Communication Common Carriers
March 1973
Federal Communications Commission
(Available from: Federal Communications
Commission,
Washington, D. C. 20554.)
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 10 - PRESERVATION OF RECORDS › Rule 2 - Electric, Gas and Water Utilities › Section 2-1 - Class A-B electric utilities; preservation of records

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-15
Affected: IC
				  8-1-2-12
Sec. 1.
IT IS THEREFORE ORDERED BY THE Indiana utility regulatory
				  commission that the rules and regulations governing the preservation of records
				  of public utilities and licensees for all Class A-B electric utilities
				  operating within the State of Indiana, as approved, prescribed and promulgated
				  by the Federal Energy Regulatory Commission, as set out in Part 125 of
				  Subchapter C, FPC Rules and Regulations, as hereinafter set out in Appendix A,
				  attached hereto and made a part hereof, be and the same are hereby
				  adopted.
APPENDIX A Preservation of Records for Class A-B electric
				  utilities as set out in Part 125, Subchapter C, effective January 1, 1972 of
				  Rules and Regulations of the Federal Energy Regulatory Commission, Washington,
				  D.C. 20426.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 10 - PRESERVATION OF RECORDS › Rule 2 - Electric, Gas and Water Utilities › Section 2-2 - Combination gas and electric utilities; preservation of records

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-15
Affected: IC
				  8-1-2-12
Sec. 2.
IT IS FURTHER ORDERED that the rules and regulations
				  governing the preservation of records for the two combination gas and electric
				  private utilities operating within the State of Indiana as approved, prescribed
				  and promulgated by the Federal Power Commission for natural gas companies as
				  set out in part 225 of Subchapter F, FPC Rules and Regulations, as hereinafter
				  set out in Appendix B, attached hereto and made a part hereof, be and the same
				  are hereby adopted.
APPENDIX B Preservation of Records for combination gas and
				  electric private utilities issued effective January 1, 1972 in Part 225 of
				  Subchapter F for natural gas companies by the Federal Power Commission,
				  Washington, D.C. 20426.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 10 - PRESERVATION OF RECORDS › Rule 2 - Electric, Gas and Water Utilities › Section 2-3 - Specified gas, electric and water utilities; preservation of records

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-15
Affected: IC
				  8-1-2-12
Sec. 3.
IT IS FURTHER ORDERED that the rules and regulations
				  governing the preservation of records of all Class A-B municipal electric
				  utilities; all Class C-D private and municipal electric utilities; all Class
				  A-B-C and D municipal and private gas utilities except the two combination gas
				  and electric private utilities; and all Class A-B-C and D water utilities
				  operating within the State of Indiana as approved, prescribed and promulgated
				  by the National Association of Regulatory Utility Commissioners as amended, as
				  hereinafter set out in Appendix C, attached hereto and made a part hereof, be
				  and the same are hereby adopted.
APPENDIX C
Preservation of Records for Class A-B municipal electric
				  utilities, Class C-D private and municipal electric utilities, Class A-B-C
				  & D municipal and private gas utilities and Class A-B-C-D water utilities
				  issued April 1974 by National Association of Regulatory Utility Commissioners,
				  1101 Vermont Avenue NW, Suite 200, Washington, D.C. 20005.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 11 - COMBINATION GAS AND ELECTRIC PRIVATE UTILITIES › Rule 1 - General Provisions › Section 1-1 - Combination gas and electric private utilities; adoption of rules and regulations

Current through July 10, 2024
Authority: IC
				  8-1-1-3
Affected: IC
				  8-1-2-10; IC
				  8-1-2-12
Sec. 1.
IT IS THEREFORE ORDERED BY THE PUBLIC SERVICE COMMISSION OF
				  INDIANA that the rules and regulations governing the classification of accounts
				  for combination gas and electric private utilities operating within the State
				  of Indiana as approved prescribed and promulgated by the Federal Power
				  Commission on May 29, 1974 and its successor, the Federal Energy Regulatory
				  Commission, should be adopted and promulgated.
Copies of the rules and regulations governing the
				  classification of accounts for combination gas and electric private utilities
				  operating within the State of Indiana as approved, prescribed and promulgated
				  by the Federal Power Commission and its successor, the Federal Energy
				  Regulatory Commission, are available for purchase from the Superintendent of
				  Documents, U.S. Government Printing Office, Washington, D.C. 20402.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 12 - RESIDENTIAL CONSERVATION SERVICE PROGRAM › Rule 1 - Accounting; Record Keeping › Section 1-1 - Definitions

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-1-2-10; IC 8-1-2-12
Sec. 1.
Definitions.
(a) The
				term State Plan means a plan for a Residential Conservation Service Program
				pursuant to Subparts B and C of 10 CFR 456.
(b) The term Lead Agency means the Energy
				Group of the State's Department of Commerce which will administer a State
				Plan.
(c) The term Program Audit
				means those procedures for assessing the efficacy of energy conservation
				measures and energy conserving practices at a utility customer's residence and
				the related communication of audit results as described at 10 CFR
				456.307.
(d) The term Conservation
				Measures means those measures for residential buildings which are described at
				10 CFR 456.105(f) and which are incorporated in the State Plan.
(e) The term Conserving Practices means those
				practices for residential buildings which are described at 10 CFR 456.105(g)
				and which are incorporated in the State Plan.
(f) The term Arranging means those services
				provided by a utility which directly assist the customer to obtain financing or
				installation from those on the Master Record who provide financing or
				installation of conservation measures enumerated in the State Plan.
(g) The term Master Record means a
				compilation of names of all suppliers, contractors and lenders as provided for
				in the State Plan who sell, install, or finance Conservation Measures and who
				wish to be included in the lists distributed according to the State
				Plan.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 12 - RESIDENTIAL CONSERVATION SERVICE PROGRAM › Rule 1 - Accounting; Record Keeping › Section 1-2 - List circulation costs

Current through July 10, 2024
Authority: IC
				  8-1-1-3
Affected: IC
				  8-1-2-10; IC
				  8-1-2-12
Sec. 2.
Costs of circulating lists of suppliers, installers and
				  lenders for Conservation Measures enumerated in the State Plan shall be borne
				  as a current operating expense of the utility providing such lists.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 12 - RESIDENTIAL CONSERVATION SERVICE PROGRAM › Rule 1 - Accounting; Record Keeping › Section 1-3 - Service costs

Current through July 10, 2024
Authority: IC
				  8-1-1-3
Affected: IC
				  8-1-2-10; IC
				  8-1-2-12
Sec. 3.
Costs of services provided by the utility to the customer
				  that directly assist the customer in arranging for finance or installation of
				  Conservation Measures shall be borne as a current operating expense of the
				  utility providing such arranging services.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 12 - RESIDENTIAL CONSERVATION SERVICE PROGRAM › Rule 1 - Accounting; Record Keeping › Section 1-4 - Program audit costs

Current through July 10, 2024
Authority: IC
				  8-1-1-3
Affected: IC
				  8-1-2-10; IC
				  8-1-2-12
Sec. 4.
Costs of a Program Audit shall be charged to the individual
				  customer requesting the audit at a standard amount of Fifteen Dollars ($15.00)
				  per dwelling unit or at such greater amount as prescribed by the National
				  Energy Conservation Policy Act or amendments thereto and Rules and Regulations
				  promulgated thereunder.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 12 - RESIDENTIAL CONSERVATION SERVICE PROGRAM › Rule 1 - Accounting; Record Keeping › Section 1-5 - Administrative costs

Current through July 10, 2024
Authority: IC
				  8-1-1-3
Affected: IC
				  8-1-2-10; IC
				  8-1-2-12
Sec. 5.
Administrative costs associated with the functions of the
				  utility as an intermediary for collection of loans made by lenders on the
				  Master Record for the purchase and installation of a Conservation Measure which
				  are incurred by the utility providing for repayment of the loan as part of the
				  utility bill shall be recovered by the utility from the lender.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 12 - RESIDENTIAL CONSERVATION SERVICE PROGRAM › Rule 1 - Accounting; Record Keeping › Section 1-6 - Labor and materials costs

Current through July 10, 2024
Authority: IC
				  8-1-1-3
Affected: IC
				  8-1-2-10; IC
				  8-1-2-12
Sec. 6.
All amounts expended by a utility for labor and materials in
				  connection with the purchase or installation of any Conservation Measures shall
				  be charged to the customer for whom such activity is performed.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 12 - RESIDENTIAL CONSERVATION SERVICE PROGRAM › Rule 1 - Accounting; Record Keeping › Section 1-7 - Program execution costs

Current through July 10, 2024
Authority: IC
				  8-1-1-3
Affected: IC
				  8-1-2-10; IC
				  8-1-2-12
Sec. 7.
The actual cost of executing program measures, to the extent
				  they are in excess of customer or lender assessment, shall be borne as a
				  current operating expense of the utility.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 12 - RESIDENTIAL CONSERVATION SERVICE PROGRAM › Rule 1 - Accounting; Record Keeping › Section 1-8 - "Program audit"; federal implementation

Current through July 10, 2024
Authority: IC
				  8-1-1-3
Affected: IC
				  8-1-2-10; IC
				  8-1-2-12
Sec. 8.
The Rules prescribed herein are subject to the National
				  Energy Conservation Policy Act 42 USC § 8211 et seq., as amended from time
				  to time, and any final Rules and Regulations implementing such Act. Based upon
				  the record developed in Cause No. 36060
[this article]
and
				  such other information available to the Commission, it shall be presumed that
				  the actual cost of "Program Audit" to an eligible customer will exceed Fifteen
				  Dollars ($15.00).
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 12 - RESIDENTIAL CONSERVATION SERVICE PROGRAM › Rule 1 - Accounting; Record Keeping › Section 1-9 - Record keeping costs of residential conservation service program

Current through July 10, 2024
Authority: IC
				  8-1-1-3
Affected: IC
				  8-1-2-10; IC
				  8-1-2-12
Sec. 9.
Utilities participating in the State Plan shall keep a
				  record of services performed, fees and revenues received, and costs borne in
				  connection with the Residential Conservation Service Program as described at 10
				  CFR 456 and embodied in the State Plan and shall make such information
				  available to the Lead Agency.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 14 - SMALL UTILITIES › Rule 1 - Rate Changes and Financing Approval › Section 1-1 - Definitions

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC 8-1-2
Affected: IC
				  8-1-2-61
Sec. 1.
(a) The
				definitions in this section apply throughout this rule.
(b) "Application for rate change" means an
				application, filed with the commission by a utility in accordance with section
				2 of this rule, that:
(1) functions as a
				petition or in support of a petition for rate change; and
(2) may include a financing authority
				request.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 14 - SMALL UTILITIES › Rule 1 - Rate Changes and Financing Approval › Section 1-2 - Application for rate change

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-4;
				  IC
				  8-1-2-61.5
Affected: IC
				  8-1-2-61.5
Sec. 2.
(a) A small
				utility availing itself of this procedure must:
(1) file the application for rate change
				through the electronic filing system; and
(2) contemporaneously serve a copy of the
				application on the OUCC.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 14 - SMALL UTILITIES › Rule 1 - Rate Changes and Financing Approval › Section 1-3 - Incomplete applications

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-4;
				  IC
				  8-1-2-61.5
Affected: IC
				  8-1-2-61
Sec. 3.
(a) In the
				event the initial application for rate change is an incomplete application, the
				commission staff shall file, within twenty (20) days of the date of the filing
				of the initial application, a report with the secretary of the commission. The
				report shall specify which elements of the application are missing or
				incomplete.
(b) In the event the
				initial application for rate change is deemed an incomplete application under
				subsection (a), the time frames specified under:
(1) section 4(a) of this rule;
(2) section 5(a) of this rule; and
(3) section 6(b) of this rule; shall not be
				counted from the date an incomplete application was originally filed, but shall
				be counted from the date the commission staff files a report with the secretary
				of the commission stating that the small utility has corrected the deficiencies
				specified in the staff report filed under subsection (a) and is otherwise
				complete.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 14 - SMALL UTILITIES › Rule 1 - Rate Changes and Financing Approval › Section 1-4 - Review and report on application for rate change; request to file written response

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-4;
				  IC
				  8-1-2-61.5
Affected: IC
				  8-1-2-61
Sec. 4.
(a) The OUCC
				staff shall review the application for rate change and, subject to section 3(b)
				of this rule, shall within ninety (90) calendar days after the filing of a
				complete application or substantive amendment to the application file a report
				with the secretary of the commission on the application making such
				recommendations as the OUCC deems appropriate. By order of the commission, the
				time for filing of the report may be extended if so requested by the
				OUCC.
(b) If the small utility
				intends to submit a written response to the OUCC staff report, the small
				utility shall file a notice of its intention in writing with the secretary of
				the commission not later than fifteen (15) days following the date that the
				OUCC staff report was filed.
(c) If
				the small utility notice is filed under subsection (b), the small utility shall
				file its written response to the OUCC staff report within thirty (30) days of
				the date the notice is filed.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 14 - SMALL UTILITIES › Rule 1 - Rate Changes and Financing Approval › Section 1-5 - Hearing on application

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-4;
				  IC
				  8-1-2-61.5
Affected: IC
				  8-1-2-61
Sec. 5.
(a) Subject
				to section 3(b) of this rule, a request for formal public hearing on an
				application for rate change filed under this rule shall be filed with the
				secretary of the commission within forty (40) calendar days of the initial
				filing of the application for rate change, unless the commission extends the
				period for filing.
(b) The
				commission may, upon a request timely filed by a public or municipal
				corporation, ten (10) individuals, firms, corporations, or associations, or ten
				(10) complainants of any of these classes affected by the proposed rate change
				or by the OUCC, conduct a formal public hearing with respect to an application
				for rate change.
(c) The commission
				may require a formal public hearing or conduct a public field hearing on its
				own motion.
(d) In the event a
				formal public hearing is held, under this section, the small utility may elect
				to designate its application to serve as its prefiled evidence, constituting
				its case-in-chief; however, the small utility is not precluded from filing
				additional evidence.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 14 - SMALL UTILITIES › Rule 1 - Rate Changes and Financing Approval › Section 1-6 - Decision on application

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-4;
				  IC
				  8-1-2-61.5
Affected: IC
				  8-1-2-61
Sec. 6.
(a) If no
				formal public hearing under IC
				8-1-2-61.5(a),
				IC
				8-1-2-61.5(b),
				or IC
				8-1-2-61.5(c)
				 is held, the commission may issue an order
				on the application for rate change based on the data in the application for
				rate change, the report filed by the OUCC staff concerning the application for
				rate change, and a written response of the small utility to the OUCC staff
				report.
(b) Subject to section 3(b)
				of this rule, the commission shall not enter an order under this procedure
				until at least forty (40) calendar days have elapsed from the date of the
				initial filing of the application for rate change.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 14 - SMALL UTILITIES › Rule 1 - Rate Changes and Financing Approval › Section 1-7 - Applicability of ex parte rules

Current through July 10, 2024
Authority: IC 8-1-1-3; IC 8-1-2-4; IC 8-1-2-61.5
Affected: IC 8-1-1-5; IC 8-1-2-61
Sec. 7.
Under
				  170 IAC
				  1-1.5-1(e)(3), filings under this
				  rule are exempt from the ex parte rules of the commission. However, if a formal
				  public hearing is scheduled under IC 8-1-2-61.5(b), then the ex parte rules of
				  the commission located in
				  170 IAC 1-1.5
				  apply from the date the hearing is noticed, except that under
				  170 IAC
				  1-1.5-2, the proceeding shall be considered pending
				  from the date the hearing is noticed rather than the thirty (30) days before
				  the date of filing.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 15 - LANDLORD DISTRIBUTING WATER OR SEWAGE DISPOSAL SERVICE › Rule 1 - Definitions › Section 1-0.5 - Scope

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-1-2-1; IC 8-1-2-1.2
Sec. 0.5.
(a) A
				landlord and an association may only sub-bill water or sewage disposal service
				under this article.
(b) Under IC
				8-1-2-1.2(k), a landlord or an association that sub-bills is not a public
				utility if the landlord or association complies with:
(1) IC 8-1-2-1.2(k)(1); or
(2) IC 8-1-2-1.2(k)(2), IC 8-1-2-1.2(l), and
				IC 8-1-2-1.2(m).
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 15 - LANDLORD DISTRIBUTING WATER OR SEWAGE DISPOSAL SERVICE › Rule 1 - Definitions › Section 1-1 - Applicability

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-1-2-1.2
Sec. 1.
The definitions in this rule apply throughout this
				  article.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 15 - LANDLORD DISTRIBUTING WATER OR SEWAGE DISPOSAL SERVICE › Rule 1 - Definitions › Section 1-1.5 - "Association" defined

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-1-2-1.2
Sec. 1.5.
"Association" has the meaning as set forth in IC
				  8-1-2-1.2(a).
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 15 - LANDLORD DISTRIBUTING WATER OR SEWAGE DISPOSAL SERVICE › Rule 1 - Definitions › Section 1-1.6 - "Co-owner" defined

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-1-2-1.2; IC 32-25-2-11
Sec. 1.6.
"Co-owner" has the meaning as set forth in IC
				  32-25-2-11.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 15 - LANDLORD DISTRIBUTING WATER OR SEWAGE DISPOSAL SERVICE › Rule 1 - Definitions › Section 1-2 - "Dwelling unit" defined

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-1-2-1.2
Sec. 2.
"Dwelling unit" has the meaning as set forth in IC
				  8-1-2-1.2(f).
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 15 - LANDLORD DISTRIBUTING WATER OR SEWAGE DISPOSAL SERVICE › Rule 1 - Definitions › Section 1-3 - "Initial set-up fee" defined

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-1-2-1.2
Sec. 3.
"Initial set-up fee" means the fee:
(1) a landlord charges a tenant; or
(2) an association charges a:
(A) member; or
(B) co-owner;
to establish a new account for a dwelling unit, not to exceed
				  the landlord's or association's actual administrative cost.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 15 - LANDLORD DISTRIBUTING WATER OR SEWAGE DISPOSAL SERVICE › Rule 1 - Definitions › Section 1-4 - "Insufficient funds fee" defined

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-1-2-1.2
Sec. 4.
(a)
				"Insufficient funds fee" means the fee:
(1) a
				landlord charges a tenant; or
(2)
				an association charges a member or co-owner;
to process insufficient funds of a payment.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 15 - LANDLORD DISTRIBUTING WATER OR SEWAGE DISPOSAL SERVICE › Rule 1 - Definitions › Section 1-5 - "Landlord" defined

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-1-2-1.2
Sec. 5.
"Landlord" has the meaning as set forth in IC
				  8-1-2-1.2(h).
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 15 - LANDLORD DISTRIBUTING WATER OR SEWAGE DISPOSAL SERVICE › Rule 1 - Definitions › Section 1-6 - "Landlord's usage" defined

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-1-2-1.2
Sec. 6.
"Landlord's usage" means water and sewage disposal service
				  consumed or utilized by the landlord for:
(1) personal use;
(2) business use; or
(3) usage in common areas, including, but not
				limited to:
(A) a club house;
(B) a laundry facility;
(C) a bath house;
(D) a community restroom;
(E) a swimming pool;
(F) a hot tub;
(G) an irrigation sprinkler system;
(H) a fire protection sprinkler
				system;
(I) grounds
				keeping;
(J) flushing the mains;
				or
(K) any other common purpose.
The term also includes water lost to water leaks in common
				  areas.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 15 - LANDLORD DISTRIBUTING WATER OR SEWAGE DISPOSAL SERVICE › Rule 1 - Definitions › Section 1-7 - "Master meter" defined

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-1-2-1.2
Sec. 7.
"Master meter" means the use of a meter device to measure,
				  for billing purposes, the amount of water consumed by:
(1) a landlord that distributes the water to
				tenants; or
(2) an association that
				distributes the water to:
(A) members;
				or
(B) co-owners.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 15 - LANDLORD DISTRIBUTING WATER OR SEWAGE DISPOSAL SERVICE › Rule 1 - Definitions › Section 1-7.1 - "Member" defined

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-1-2-1.2
Sec. 7.1.
"Member" has the meaning as set forth in IC
				  8-1-2-1.2(i).
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 15 - LANDLORD DISTRIBUTING WATER OR SEWAGE DISPOSAL SERVICE › Rule 1 - Definitions › Section 1-8 - "Sub-bill" defined

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-1-2-1.2
Sec. 8.
"Sub-bill" means:
(1) a landlord's request for payment from a
				tenant; or
(2) an association's
				request for payment from a member or co-owner;
for the distribution of water or sewage disposal service
				  under IC 8-1-2-1.2(k)(2), which service is provided to the landlord or
				  association by a water or sewer utility. The term does not include instances in
				  which a landlord or an association distributes water or sewage disposal service
				  under IC 8-1-2-1.2(k)(1).
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 15 - LANDLORD DISTRIBUTING WATER OR SEWAGE DISPOSAL SERVICE › Rule 1 - Definitions › Section 1-9 - "Sub-meter" defined

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-1-2-1.2
Sec. 9.
"Sub-meter" refers to the use of a meter device to measure
				  the amount of water consumed within an individual dwelling unit for the purpose
				  of sub-billing. The term also refers to the meter used to measure the amount of
				  water provided to individual dwelling units.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 15 - LANDLORD DISTRIBUTING WATER OR SEWAGE DISPOSAL SERVICE › Rule 1 - Definitions › Section 1-10 - "Tenant" defined

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-1-2-1.2
Sec. 10.
"Tenant" means a person who rents or leases a dwelling unit
				  from a landlord.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 15 - LANDLORD DISTRIBUTING WATER OR SEWAGE DISPOSAL SERVICE › Rule 1 - Definitions › Section 1-11 - "Total net charge" defined

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-1-2-1.2
Sec. 11.
For water or sewage disposal service, "total net charge"
				  means the charge a water or sewer utility imposes on a landlord or an
				  association for water or sewage disposal service for a given billing period
				  inclusive of applicable taxes but exclusive of late fees and other incidental
				  or extraordinary fees and charges.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 15 - LANDLORD DISTRIBUTING WATER OR SEWAGE DISPOSAL SERVICE › Rule 1 - Definitions › Section 1-13 - "Water or sewer utility" defined

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-1-2-1.2
Sec. 13.
"Water or sewer utility" has the meaning as set forth in IC
				  8-1-2-1.2(j).
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 15 - LANDLORD DISTRIBUTING WATER OR SEWAGE DISPOSAL SERVICE › Rule 2 - Sub-Billing › Section 2-0.5 - Requirements of a sub-bill

Current through July 10, 2024
Authority: IC 8-1-1-3
Affected: IC 8-1-2-1.2
Sec. 0.5.
(a) A
				landlord or an association that sub-bills shall meet the following
				requirements:
(1) Sub-bill tenants, members,
				or co-owners with a consistent frequency unless exigent circumstances warrant a
				temporary modification to the frequency.
(2) Include on sub-bills the information
				required in section 3 of this rule.
(3) Timely remit payment to the water or
				sewer utility for the total net charges that are sub-billed.
(4) Provide a period of at least seventeen
				(17) days from the date the landlord or association sends a sub-bill for the
				tenant, member, or co-owner to remit payment before initiating a collection
				action for sub-billing charges.