reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 5 - GAS UTILITIES › Rule 5 - Damage to Underground Facilities › Section 5-2.2 - Tolerance zone

Current through July 10, 2024
Authority: IC 8-1-26-26
Affected: IC 8-1-26-20; IC 8-1-26-21
Sec. 2.2.
As used in IC 8-1-26-20, "either side of the outer limits of
				  the physical plant" means all outer limits of the underground facility,
				  including above, below, and in a full radius surrounding the underground
				  facility.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 5 - GAS UTILITIES › Rule 5 - Damage to Underground Facilities › Section 5-2.3 - Positive response to excavators of supplied location information

Current through July 10, 2024
Authority: IC 8-1-26-26
Affected: IC 8-1-26-18; IC 8-1-26-21
Sec. 2.3.
(a) An
				operator of a pipeline facility shall provide an affirmative electronic
				response to the association in the manner directed by the association when the
				operator has provided the marking information in response to an 811
				ticket.
(b) The association shall
				make available the operator's response under subsection (a) to the person
				responsible for the excavation or demolition.
(c) An operator of a pipeline facility that
				does not provide the affirmative response required under subsection (a)
				violates IC 8-1-26-18(h)(1). If IC 8-1-26-18(h) otherwise applies, the operator
				is subject to the penalty specified in IC 8-1-26-18(h).
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 5 - GAS UTILITIES › Rule 5 - Damage to Underground Facilities › Section 5-3 - Process for determining violations and penalties

Current through July 10, 2024
Authority: IC 8-1-26-26
Affected: IC 8-1-26
Sec. 3.
(a) The
				pipeline safety division shall investigate alleged violations of IC
				8-1-26.
(b) The pipeline safety
				division shall determine whether a violation of IC 8-1-26 occurred and by which
				person or entity. After making a determination of a violation, the pipeline
				safety division shall forward its findings of violations to the advisory
				committee.
(c) The pipeline safety
				division will provide the person or entity accused of violating IC 8-1-26 with
				notice and an opportunity to appear before the advisory committee to provide
				written evidence prior to the advisory committee making a recommendation on the
				summary damage report.
(d) A person
				or entity accused of violating IC 8-1-26 may send correspondence and written
				evidence regarding the pipeline safety division's finding of a violation to the
				advisory committee or appear at the public meeting in person to provide the
				written evidence.
(e) The advisory
				committee shall use a publicly available penalty schedule when determining
				recommended penalties.
(f) Upon
				receiving a recommendation from the advisory committee, the commission shall
				provide the person or entity accused of violating IC 8-1-26 with notice of the
				advisory committee's recommendation and provide the person or entity thirty
				(30) days to request a public hearing on the advisory committee's
				recommendation.
(g) A request for a
				public hearing before the commission must be filed and served following the
				procedures in
				170 IAC 1-1.1.
(h) If a person or entity accused of
				violating IC
				8-1-26 does not request a public
				hearing, the commission may act upon the advisory committee's
				recommendation.
(i) All hearings
				before the commission regarding violations of IC
				8-1-26 are subject to the
				commission's rules of practice and procedure.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 5 - GAS UTILITIES › Rule 5 - Damage to Underground Facilities › Section 5-4 - Underground plant protection account

Current through July 10, 2024
Authority: IC
				  8-1-26-26
Affected: IC
				  8-1-26-18; IC
				  8-1-26-24; IC
				  8-1-26-25
Sec. 4.
(a) The
				commission shall administer the account.
(b) The account consists of civil penalties
				issued pursuant to IC
				8-1-26.
(c) The commission shall maintain a publicly
				available website with information about the account.
(d) A person may submit a request for a grant
				to the commission that:
(1) complies with the
				purposes of the account under IC
				8-1-26-24; and
(2) follows the guidelines set forth on the
				commission's website.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 6 - WATER UTILITIES › Rule 1 - Standards of Service › Section 1-1 - Definitions

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-4
Affected: IC
				  8-1-2-1
Sec. 1.
(a) Where
				applicable, the definitions set forth in IC
				8-1-2-1 shall be
				applied to these rules.
(b) "AWWA
				Standards" means the standards contained in the fourth edition of the American
				Water Works Association M6 Manual of Water Supply Practices, "Water Meters -
				Selection, Installation, Testing, and Maintenance", published in 1999 and
				available for purchase from the American Water Works Association, 6666 West
				Quincy Avenue, Denver, CO 80235. The AWWA Standards are hereby incorporated by
				reference and do not include any later amendments or editions.
(c) "Commission" means the Indiana utility
				regulatory commission.
(d)
				"Customer" means any:
(1) person;
(2) firm;
(3) corporation;
(4) municipality; or
(5) other government agency; that has agreed,
				orally, or otherwise, to pay for water service received from a water utility,
				provided, that, for the purposes of sections 15 through 17 of this rule, the
				term shall be limited to mean persons who have agreed to pay for such service
				exclusively for residential purposes.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 6 - WATER UTILITIES › Rule 1 - Standards of Service › Section 1-2 - Applicability of rules

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-4
Affected: IC 8-1-2
Sec. 2.
This rule shall apply to any public water utility that meets
				  the definition in section 1(h) of this rule.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 6 - WATER UTILITIES › Rule 1 - Standards of Service › Section 1-3 - Retention of records

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-4
Affected: IC
				  8-1-2-12;
				  IC
				  8-1-2-40
Sec. 3.
All records required by this rule shall be preserved for at
				  least three (3) years except as otherwise provided herein or by IC
				  8-1-2-40.
				  Such records shall be:
(1) kept within
				Indiana:
(A) at the principal place of
				business of the water utility; or
(B) at such other places within Indiana as
				the utility shall designate after notification to the commission; and
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 6 - WATER UTILITIES › Rule 1 - Standards of Service › Section 1-4 - Meter records and reports

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-4
Affected: IC 8-1-2
Sec. 4.
(a) Whenever
				any meter is tested, a record shall be preserved containing:
(1) the information necessary for identifying
				that particular meter;
(2) the
				reason for making the test;
(3) the
				reading of the meter before the test;
(4) the result of the test; and
(5) all data taken at the time of the test;
				in sufficiently complete form to permit the convenient checking of the methods
				employed.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 6 - WATER UTILITIES › Rule 1 - Standards of Service › Section 1-5 - Location of meters

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-4
Affected: IC
				  8-1-2-34;
				  IC
				  8-1-2-35
Sec. 5.
(a) The
				location of meters may be determined by the utility pursuant to the utility's
				rules and specifications.
(b) The
				meter may be located:
(1) in an outdoor
				pit;
(2) inside the building or
				premises of the customer being served; or
(3) in a standardized location pursuant to:
(A) utility rules; or
(B) local ordinance.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 6 - WATER UTILITIES › Rule 1 - Standards of Service › Section 1-6 - Meter register

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-4
Affected: IC 8-1-2
Sec. 6.
(a) All
				meters used to measure the volume of water sales shall register in:
(1) U.S. gallons;
(2) cubic feet; or
(3) metric units.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 6 - WATER UTILITIES › Rule 1 - Standards of Service › Section 1-7 - Testing facilities; portable test meters

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-4
Affected: IC 8-1-2
Sec. 7.
(a) Each
				water utility furnishing water to any of its customers on a metered basis shall
				provide facilities:
(1) at the utility itself;
				or
(2) provided by another company;
				for testing and adjusting its meters satisfactory to the commission.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 6 - WATER UTILITIES › Rule 1 - Standards of Service › Section 1-8 - Accuracy of meters

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-4
Affected: IC
				  8-1-2-35
Sec. 8.
(a) All
				meters and appurtenances used for measuring quantity of water delivered to a
				customer shall be:
(1) in good mechanical
				condition;
(2) adequate in size and
				design for the type of service that they measure; and
(3) accurate to within generally accepted
				standards.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 6 - WATER UTILITIES › Rule 1 - Standards of Service › Section 1-9 - Determination of meter accuracy

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-4
Affected: IC
				  8-1-2-35
Sec. 9.
Cold water meters shall be tested according to the AWWA
				  Standards. A meter shall not be placed in service if it does not comply with
				  the testing requirements of the AWWA Standards.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 6 - WATER UTILITIES › Rule 1 - Standards of Service › Section 1-10 - Periodic inspections and tests

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-4
Affected: IC
				  8-1-2-35
Sec. 10.
(a) For
				testing the accuracy of water meters, the utility may:
(1) adopt the method set out in subsection
				(b); or
(2) request approval of an
				alternative method, as provided for in subsection (c).
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 6 - WATER UTILITIES › Rule 1 - Standards of Service › Section 1-11 - Customer request for meter test; application to utility

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-4
Affected: IC
				  8-1-2-35
Sec. 11.
(a) Each
				water utility shall make a test of the accuracy of registration of a meter upon
				written request by a customer. A second test of the customer's meter may be
				requested after twelve (12) months. The first and second tests of a customer's
				meter shall be at no cost to the customer.
(b) The customer may be required to bear the
				reasonable cost of any subsequent test of his or her meter if the:
(1) meter was:
(A) tested within the prior thirty-six (36)
				months at the customer's request; and
(B) found to be in compliance with section 9
				of this rule;
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 6 - WATER UTILITIES › Rule 1 - Standards of Service › Section 1-12 - Customer request for meter test; application to commission

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-4
Affected: IC
				  8-1-2-35
Sec. 12.
(a) Upon
				application of any customer to the commission, and at the discretion of the
				commission, a test shall be made of a customer's meter by the utility or its
				contractor under the supervision of an employee of the commission. The
				commission shall promptly notify the utility of any application. No fee shall
				be payable by the customer for the test, except as may be charged under section
				11(b) of this rule.
(b) This
				section shall not interfere with the practice of a utility in its tests of
				water service meters except that, upon receiving notice of a written
				application to the commission by a customer for a test, the utility shall not:
(1) remove;
(2) interfere with; or
(3) discard; the meter until completion of
				the test without the prior written consent of the customer, unless the removal
				of the meter is required in order to perform the requested test.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 6 - WATER UTILITIES › Rule 1 - Standards of Service › Section 1-13 - Bills

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-4
Affected: IC 8-1-2
Sec. 13.
Bills for Water Service.
(A) Bills rendered periodically to customers
				for water service shall show at least the following information:
(1) The dates and meter readings of the meter
				at the beginning and end of the period for which the bill is rendered and the
				billing date,
(2) The number and
				kind of units of service supplied,
(3) The billing rate code, if any,
(4) The previous balance, if any,
(5) The amount of the bill,
(6) The sum of the amount of the bill and the
				late payment charge, if any,
(7)
				The date on which the bill becomes delinquent and on which a late payment
				charge will be added to the bill,
(8) If an estimated bill, a clear and
				conspicuous coding or other indication identifying the bill as an estimated
				bill,
(9) Printed statements and/or
				actual figures on either side of the bill shall inform the customer of the
				seventeen (17) day non-penalty period.
(10) An explanation, which can be readily
				understood, of all codes and/or symbols shall be shown on the bill.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 6 - WATER UTILITIES › Rule 1 - Standards of Service › Section 1-14 - Billing adjustments

Current through July 10, 2024
Authority: IC 8-1-1-3; IC 8-1-2-4
Affected: IC 8-1-2-34
Sec. 14.
Adjustment of Bills.
(A) Adjustments Due to Meter Error. If any
				service meter shall be found to have a percentage of error greater than that
				allowed in Rule 9
[
				170 IAC
				6-1-9 ]
, the following provisions for the
				adjustment of bills shall be observed:
(1)
				Fast Meters. When a meter is found to have a positive average error, i.e., is
				fast, in excess of two (2) percent, the utility shall refund or credit the
				customer's account with the amount in excess of that determined to be an
				average charge for one-half of the time elapsed since the previous test, or one
				(1) year, whichever period is shorter. This average charge shall be calculated
				on the basis of units registered on the meter over corresponding periods either
				prior or subsequent to the period for which the meter is determined to be fast.
				No part of a minimum service charge need be refunded.
(2) Stopped or Slow Meters. When a meter is
				stopped or has a negative average error, i.e., is slow, in excess of two (2)
				percent, the utility may charge the customer an amount estimated to be an
				average charge for one-half of the time elapsed since the previous test or one
				(1) year, whichever period is shorter. This average charge shall be calculated
				on the basis of units registered on the meter over corresponding periods either
				prior or subsequent to the period for which the meter is determined to be slow
				or stopped. Such action may be taken only in cases where the utility is not at
				fault for allowing the stopped or slow meter to remain in service.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 6 - WATER UTILITIES › Rule 1 - Standards of Service › Section 1-15 - Creditworthiness of customer; deposit; refund

Current through July 10, 2024
Authority: IC
				  8-1-1-3
Affected: IC 8-1-2; IC
				  32-34-1-20
Sec. 15.
(a) Each
				utility shall determine the creditworthiness of residential applicants or
				customers in an equitable and nondiscriminatory method:
(1) without regard to the economic character
				of the area wherein the applicant or customer resides; and
(2) solely upon the credit risk of the
				individual without regard to the collective credit reputation of the area in
				which he or she lives.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 6 - WATER UTILITIES › Rule 1 - Standards of Service › Section 1-16 - Disconnection of service; prohibited disconnection; reconnection

Current through July 10, 2024
Authority: IC 8-1-1-3; IC 8-1-2-4
Affected: IC 8-1-2-4; IC 8-1-2-113
Sec. 16.
(a) For
				disconnection of service upon the customer's request, the customer shall:
(1) notify the utility at least three (3)
				days in advance of the day disconnection is desired; and
(2) remain responsible for all service used
				and the billings therefor until service is disconnected pursuant to such
				notice. Upon request by a customer of a utility to disconnect service, the
				utility shall disconnect the service within three (3) working days of the
				requested disconnection date. The customer shall not be liable for any service
				rendered to the address or location after the expiration of these three (3)
				days.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 6 - WATER UTILITIES › Rule 1 - Standards of Service › Section 1-18 - Informational pamphlets; rate schedules; notice of proposed rate change

Current through July 10, 2024
Authority: IC 8-1-1-3; IC 8-1-2-4
Affected: IC 8-1-2
Sec. 18.
Information Provided by Utilities to Applicants and
				  Customers.
(A) All utilities except
				Class D water utilities must publish and distribute, without request, to all
				applicants for service and to all current customers, a comprehensive pamphlet
				which, in clear language, easily understandable to a layman, fully describes
				the rights and responsibilities of the customers. For Class D utilities it
				shall be sufficient to distribute a copy of Rules 11 to 16.2
[ 170 IAC
				6-1-11-170 IAC 6-1-18 ]
of these rules to their customers and
				applicants for service.
(B) A
				utility shall supply free of charge a copy of the rate schedules applicable to
				the types of service available to new applicants for and existing customers of
				residential service, upon request by the applicant or customer.
(C) Each utility, whenever it petitions the
				Commission for a change in any of its base rate schedules must furnish to each
				customer within forty-five (45) days of such request and prior to the date of
				the public hearing a notice which fairly summarizes the nature and extent of
				the proposed changes.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 6 - WATER UTILITIES › Rule 1 - Standards of Service › Section 1-19 - Station meters and pressure surveys; records

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-4
Affected: IC
				  8-1-2-33
Sec. 19.
Station Meters and Pressure Surveys.
(A) Each utility furnishing water service
				shall install at each supply station such station meters and instruments as may
				be necessary to obtain a daily and monthly record of the total amounts of water
				delivered into the mains.
(B) Each
				utility furnishing water service to more than 750 but less than 1,500 customers
				shall maintain a graphic recording pressure gauge at its plant, downtown
				office, or at some central point in the distribution system where continuous
				records shall be made of the pressure in the mains at that point.
(C) Utilities furnishing water service to
				1,500 or more customers shall equip themselves with one or more portable
				graphic recording pressure gauges, in addition to the foregoing, and shall make
				records, each covering at least a 24-hour period, of the water pressure at
				sufficiently frequent intervals and at a sufficient number of points on the
				system to provide an adequate record of system pressures. The records or charts
				made by these meters shall be identified, dated and kept on file and available
				for inspection for a period of three years.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 6 - WATER UTILITIES › Rule 1 - Standards of Service › Section 1-20 - Water quality standards

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-4
Affected: IC
				  8-1-2-33
Sec. 20.
Quality.
(A) Water
				furnished by any water utility for human consumption or for domestic use shall
				be of such quality as will have the approval, or comply with the requirements,
				of the Indiana State Board of Health.
(B)
(1)
				Public water supplies within the distribution pipe systems shall be adequately
				protected against pollution from back siphonage or cross connections with other
				systems on customer's property by proper installation of protective devices in
				accordance with the rules of the Indiana State Board of Health. Such protective
				devices shall be installed and maintained at the cost and expense of the
				customer, subject however, to the inspection test and approval of the utility
				before being placed in service, and at such times thereafter as recommended by
				the Indiana State Board of Health.
(2) Public water supplies shall also be
				adequately protected against any unnecessary and avoidable pollution at their
				own sources, and at all times after being taken therefrom, until delivery to
				the customer, to conform in all cases to the requirements of the Indiana State
				Board of Health.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 6 - WATER UTILITIES › Rule 1 - Standards of Service › Section 1-21 - Flushing mains; records

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-4
Affected: IC
				  8-1-2-33
Sec. 21.
Flushing Mains.
(A)
				Proper provision shall be made for flushing those parts of a distribution
				system which need flushing in order to eliminate or minimize complaints from
				customers arising from discoloration or other abnormal conditions of the
				water.
(B) Records shall be kept of
				all flushings of mains, showing date, place and duration, and such records
				shall be used as a guide in determining the necessary frequency of flushing of
				the same mains thereafter.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 6 - WATER UTILITIES › Rule 1 - Standards of Service › Section 1-22 - Interruptions in service; notice to customers

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-4
Affected: IC
				  8-1-2-12;
				  IC
				  8-1-2-113
Sec. 22.
Interruptions of Service.
Each utility shall keep a record of any interruption of
				  service affecting its entire system or major division thereof, including a
				  statement of the time, duration, extent and cause of the interruption. Whenever
				  the service is intentionally interrupted for any purpose, such interruption
				  shall, except in emergencies, be at a time during regular working hours of the
				  utility which will cause the least inconvenience to customers. Customers who
				  will be affected by such interruption shall, to the extent practical, be
				  notified in advance.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 6 - WATER UTILITIES › Rule 1 - Standards of Service › Section 1-23 - Accident reports

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-4
Affected: IC
				  8-1-2-114
Sec. 23.
Accidents.
In addition to the reports required by statute, every utility
				  shall give notice to the Commission of each serious accident occurring upon its
				  or its customer's premises when the same is accompanied by flooding with water
				  from the utility's system, and is attended with serious damage to property or
				  human life. Said notice shall be given within 24 hours of the utility's
				  knowledge of such accident. A written report shall also be made if the same is
				  required by the Commission.
Neither said notice nor report shall imply or be considered
				  an admission of any liability or responsibility in connection with the
				  accident.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 6 - WATER UTILITIES › Rule 1 - Standards of Service › Section 1-24 - Customer request for modification; liability for costs

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-4
Affected: IC
				  8-1-2-4;
				  IC
				  8-1-2-101
Sec. 24.
Modification at Customer's Expense.
If a customer requests for his convenience or by his actions
				  requires that utility facilities be redesigned, reengineered, relocated,
				  removed, modified, or reinstalled, the utility may require the customer to make
				  payment to it of the full cost of performing such service.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 6 - WATER UTILITIES › Rule 1 - Standards of Service › Section 1-26 - Rate schedules, rules and regulations; filing; public inspection

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-4
Affected: IC
				  8-1-2-38;
				  IC
				  8-1-2-39;
				  IC
				  8-1-2-40
Sec. 26.
Filing and Posting of Rate Schedules, Rules and Regulations
				  of the Utility and of the Commission. Copies of all schedules of rates for
				  service, forms of contracts, charges for service connections and extensions,
				  and of all rules and regulations covering the relationship between the customer
				  and the utility shall be filed by each utility in the office of the Commission.
				  Complete schedules, contract forms, rules and regulations, etc., if filed with
				  the Commission, shall also be on file in the local office of the utility, and
				  shall be open to the inspection of the public. The attention of the public
				  shall be called to these files of schedules, rules and regulations, by placing
				  a suitable placard in that part of the office open to the public.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 6 - WATER UTILITIES › Rule 1 - Standards of Service › Section 1-27 - Date of compliance with rules

Current through July 10, 2024
Authority: IC 8-1-1-3; IC 8-1-2-4
Affected: IC 8-1-1-3
Sec. 27.
Date of Compliance with Rules.
All water utilities shall comply with these Rules,
				  Regulations, and Standards of Service
[ 170 IAC 6-1 ]
as soon
				  as practicable and be in full compliance within 180 days after their date of
				  effectiveness.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 6 - WATER UTILITIES › Rule 1 - Standards of Service › Section 1-28 - Saving clause

Current through July 10, 2024
Authority: IC 8-1-1-3; IC 8-1-2-4
Affected: IC 8-1-1-3
Sec. 28.
Saving Clause. The adoption of these rules
[ 170 IAC
				  6-1 ]
shall in no way preclude the Commission from altering or
				  amending the same, in whole or in part, or from requiring any additional
				  service, equipment, facility or standards, whether upon complaint or upon its
				  own motion, or upon the application of any utility; and, further, these rules
[ 170 IAC 6-1 ]
shall in no way relieve any utility from any
				  of its duties under the laws of this State.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 6 - WATER UTILITIES › Rule 1.1 - Distribution System Improvement Charges (DSIC) › Section 1.1-1 - Definitions

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-31-17
Affected: IC 8-1-2; IC
				  8-1.5-3-8
Sec. 1.
(a) The
				definitions in this section apply throughout this rule.
(b) "Commission" means the Indiana utility
				regulatory commission.
(c)
				"Distribution system" means:
(1) distribution
				mains;
(2) valves;
(3) hydrants;
(4) service lines;
(5) meters;
(6) meter installation;
(7) and other appurtenances; necessary to
				transport treated water from the point it exits the treatment facility to the
				point at which it is delivered to the customer.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 6 - WATER UTILITIES › Rule 1.1 - Distribution System Improvement Charges (DSIC) › Section 1.1-2 - Applicability and scope

Current through July 10, 2024
Authority: IC
				  8-1-31-8
Affected: IC 8-1-2; IC 8-1-31
Sec. 2.
(a) This
				rule applies to any utility that may now or hereafter be engaged in providing
				water service, subject to the jurisdiction of the commission.
(b) This rule shall in no way prohibit the
				recovery by a utility of costs that meet the statutory criteria of IC 8-1-31 et
				seq., including costs not otherwise included under Account 331, 333, 334, or
				335 of the National Association of Regulatory Utility Commissioners' Uniform
				System of Accounts for Water Utilities, provided that the costs for which
				recovery is requested were incurred in a project within the utility's existing
				distribution system and not in projects that connect to new
				customers.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 6 - WATER UTILITIES › Rule 1.1 - Distribution System Improvement Charges (DSIC) › Section 1.1-3 - Exemption

Current through July 10, 2024
Authority: IC
				  8-1-31-8
Affected: IC 8-1-2; IC 8-1-31
Sec. 3.
A utility may not file a petition under this rule in the same
				  calendar year in which the utility has filed a request for a general increase
				  in the basic rates and charges of the utility.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 6 - WATER UTILITIES › Rule 1.1 - Distribution System Improvement Charges (DSIC) › Section 1.1-4 - Filing

Current through July 10, 2024
Authority: IC
				  8-1-31-17
Affected: IC 8-1-2; IC 8-1-31
Sec. 4.
(a) The
				utility shall file with the commission rate schedules establishing a DSIC that
				will allow the automatic adjustment of the utility's basic rates and charges to
				provide for recovery of DSIC costs. A petition filed to initiate a DSIC
				proceeding, which shall be deemed the utility's case-in-chief, shall include as
				attachments:
(1) schedules;
(2) forms;
(3) testimony;
(4) exhibits; or
(5) other required supporting documentation;
				as provided in section 5 of this rule.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 6 - WATER UTILITIES › Rule 1.1 - Distribution System Improvement Charges (DSIC) › Section 1.1-5 - Required supporting documentation

Current through July 10, 2024
Authority: IC
				  8-1-31-8
Affected: IC
				  8-1-2-49;
				  IC 8-1-31
Sec. 5.
(a) The
				utility shall submit the following supporting documentation for its petition to
				the commission:
(1) A description of the DSIC
				project, an explanation of why the project is needed, the benefits resulting to
				the utility and its customers upon completion of the project, and the age of
				the plant that was retired.
(2) A
				statement that the project is in service and was not included in the utility's
				rate base in its most recent general rate case. Provide the cause number and
				date of the utility's most recent rate order.
(3) A statement that the project will not
				result in an increase in revenue resulting from the connection of new customers
				to the utility's distribution system.
(4) A statement that all necessary local,
				state, and federal permits, approvals, and authorizations applicable to the
				DSIC project have been obtained.
(5) A statement regarding whether any
				affiliate (as defined by IC
				8-1-2-49
				) was directly or indirectly engaged by the utility in connection with the
				installation of the infrastructure that is the subject of the proposed DSIC and
				a copy of any such affiliated interest contract.
(6) A statement regarding whether the utility
				plans to replace other distribution infrastructure in the next five (5) years
				and a general outline of any such plans.
(7) A new tariff reflecting the requested
				DSIC in the same format as the existing tariff on file with the commission,
				with clear denotations on all schedules where the DSIC rate is
				applicable.
(8) A statement that
				the utility:
(A) has invoices and other cost
				support for every item included in the project cost form; and
(B) is prepared to file such invoices if
				required by the commission or requested by the office of utility consumer
				counselor.
(9) An
				affidavit from an officer of the utility attesting to the veracity of the
				statements and information submitted under this subsection.
(10) When the petition constitutes an
				application to change an existing DSIC, a statement describing how the utility
				will satisfy any outstanding reconciliation requirement for its current
				DSIC.
(11) A statement that the
				project costs, for which recovery is sought, represent an investment by the
				utility and not another funding source such as a grant, developer contribution,
				or transportation department reimbursement.
(12) If the applicant is seeking debt
				service, a statement including the cause number that the applicant has
				previously obtained IURC approval to issue the long term debt.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 6 - WATER UTILITIES › Rule 1.1 - Distribution System Improvement Charges (DSIC) › Section 1.1-6 - Response

Current through July 10, 2024
Authority: IC 8-1-31-8
Affected: IC 8-1-2; IC 8-1-31
Sec. 6.
(a) The
				office of utility consumer counselor or other intervening party may submit a
				report to the commission indicating its opposition to or support of each
				portion of the petition within thirty (30) days after the petition is filed.
				The filing utility may then file its rebuttal within seven (7) days. The office
				of utility consumer counselor may examine information of the utility to
				determine whether:
(1) the system improvements
				are in accordance with the requirements of section 1(f) of this rule;
				and
(2) the utility properly
				calculated the proposed charges.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 6 - WATER UTILITIES › Rule 1.1 - Distribution System Improvement Charges (DSIC) › Section 1.1-7 - Hearing and order

Current through July 10, 2024
Authority: IC
				  8-1-31-9
Affected: IC 8-1-2; IC 8-1-31
Sec. 7.
(a) Except
				as provided in subsection (b) or for good cause shown, the commission shall
				hold the hearing and issue its order not later than sixty (60) days after the
				petition is filed.
(b) If,
				subsequent to the filing of its petition, the utility files additional
				testimony or exhibits, other than rebuttal, to supplement its case-in-chief, or
				for good cause shown, the commission may reset the sixty (60) day hearing
				deadline established in subsection (a) of this section.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 6 - WATER UTILITIES › Rule 1.1 - Distribution System Improvement Charges (DSIC) › Section 1.1-8 - Reconciliation procedure

Current through July 10, 2024
Authority: IC
				  8-1-31-17
Affected: IC 8-1-2; IC 8-1-31
Sec. 8.
(a) A
				utility authorized to implement a DSIC shall file with the commission, no later
				than thirty (30) days after the expiration of each twelve (12) month period in
				which the DSIC rate was in effect, a report that reconciles the difference
				between the DSIC revenues and the DSIC costs. The utility shall serve a copy of
				the report simultaneously on the office of the utility consumer counselor.
				Within fifteen (15) days of service, the office of the utility consumer
				counselor shall submit its comments to the commission and serve a copy on the
				utility. Upon review of the utility's report and the office of utility consumer
				counselor's comments, the commission may, at its discretion, convene a hearing
				after notice to adjust the DSIC to reconcile over recovery or under recovery of
				the underlying DSIC costs.
(b) In
				the event the utility is later authorized to change its DSIC, then the annual
				reconciliation shall be twelve (12) months following the authorization of the
				change in the DSIC, with the first reconciliation also covering the period
				between the last reconciliation of the previously approved DSIC and
				authorization to change the DSIC (the "interim period"). Reconciliation for the
				interim period shall use the DSIC revenues and DSIC costs associated with the
				DSIC in effect at the time.
(c) In
				the event that a utility files revised rate schedules, the commission's order
				will reset the DSIC and create new basic rates and charges. Upon issuance of
				the order, the utility shall file the reconciliation report covering previously
				unreconciled periods with the commission within three (3) months. The report
				must be completed as follows:
(1) The
				reconciliation report shall use the DSIC revenues and DSIC costs associated
				with the DSIC in effect at the time.
(2) An over or under recovery shall be shown
				as an addition to or reduction from DSIC costs included in the utility's first
				DSIC filing following implementation of the new basic rates and
				charges.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 6 - WATER UTILITIES › Rule 1.5 - Extension of Water Mains › Section 1.5-1 - "Applicant" defined

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-4;
				  IC 8-1-12
Affected: IC 8-1-12
Sec. 1.
As used in this rule, "applicant" means a person requesting
				  the main extension in order to receive water utility service from the utility.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 6 - WATER UTILITIES › Rule 1.5 - Extension of Water Mains › Section 1.5-2 - "Commission" defined

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-4;
				  IC 8-1-12
Affected: IC 8-1-12
Sec. 2.
As used in this rule, "commission" refers to the Indiana
				  utility regulatory commission.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 6 - WATER UTILITIES › Rule 1.5 - Extension of Water Mains › Section 1.5-3 - "Completion date of the main extension" defined

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-4;
				  IC 8-1-12
Affected: IC 8-1-12
Sec. 3.
As used in this rule, "completion date of the main extension"
				  means the date the utility declares the main extension to be in service and
				  releases it for taps.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 6 - WATER UTILITIES › Rule 1.5 - Extension of Water Mains › Section 1.5-4 - "Cost of connecting" defined

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-4;
				  IC 8-1-12
Affected: IC 8-1-12
Sec. 4.
As used in this rule, "cost of connecting" means the average
				  of the utility's costs for the same size service connection incurred during the
				  preceding calendar year including, if provided by the utility, the service
				  pipe, service stop, meter and meter vault, tap, and installation thereof or
				  portions thereof; however, the cost of connecting shall not be applicable under
				  this rule for those portions of such cost recovered from an applicant by a
				  utility in the form of a tap or similar charge.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 6 - WATER UTILITIES › Rule 1.5 - Extension of Water Mains › Section 1.5-5 - "Cost of the main extension" defined

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-4;
				  IC 8-1-12
Affected: IC 8-1-12
Sec. 5.
As used in this rule, "cost of the main extension" means the
				  cost of installing the main as determined in sections 31 through 32 of this
				  rule.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 6 - WATER UTILITIES › Rule 1.5 - Extension of Water Mains › Section 1.5-6 - "Customer" defined

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-4;
				  IC 8-1-12
Affected: IC 8-1-12
Sec. 6.
As used in this rule, "customer" means a person being
				  supplied with water utility service.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 6 - WATER UTILITIES › Rule 1.5 - Extension of Water Mains › Section 1.5-7 - "Deposit" defined

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-4;
				  IC 8-1-12
Affected: IC 8-1-12
Sec. 7.
As used in this rule, "deposit" means the amount required to
				  be deposited by or on behalf of each applicant or prospective customer for a
				  main extension prior to the utility commencing construction of the main
				  extension.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 6 - WATER UTILITIES › Rule 1.5 - Extension of Water Mains › Section 1.5-8 - "Estimated annual revenue" defined

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-4;
				  IC 8-1-12
Affected: IC 8-1-12
Sec. 8.
As used in this rule, "estimated annual revenue" for an
				  applicant connecting to the main means the utility's average annual revenue per
				  applicant from comparable customers in the calendar year preceding such
				  connection, adjusted to reflect any changes in the applicable rates and charges
				  of the utility for such service.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 6 - WATER UTILITIES › Rule 1.5 - Extension of Water Mains › Section 1.5-9 - "Frontage" defined

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-4;
				  IC 8-1-12
Affected: IC 8-1-12
Sec. 9.
As used in this rule, "frontage" means the footage, ten (10)
				  feet minimum length, of a lot or tract (but not an easement) boundary that is
				  parallel to or curvilinear to, and immediately adjacent to a main extension in
				  a public thoroughfare or easement.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 6 - WATER UTILITIES › Rule 1.5 - Extension of Water Mains › Section 1.5-10 - "Immediate revenue allowance" defined

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-4;
				  IC 8-1-12
Affected: IC 8-1-12
Sec. 10.
As used in this rule, "immediate revenue allowance" means the
				  amount of three (3) times the estimated annual revenue less the cost of
				  connecting for an applicant.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 6 - WATER UTILITIES › Rule 1.5 - Extension of Water Mains › Section 1.5-11 - "Lot" defined

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-4;
				  IC 8-1-12
Affected: IC 8-1-12
Sec. 11.
As used in this rule, "lot" means a parcel of land as platted
				  or, if the area to be served is not platted, the equivalent of a parcel of land
				  as determined in accordance with section 30 of this rule.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 6 - WATER UTILITIES › Rule 1.5 - Extension of Water Mains › Section 1.5-12 - "Main" defined

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-4;
				  IC 8-1-12
Affected: IC 8-1-12
Sec. 12.
As used in this rule, "main" means a pipe owned by the
				  utility which delivers water to fire hydrants and service pipes.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 6 - WATER UTILITIES › Rule 1.5 - Extension of Water Mains › Section 1.5-13 - "Main extension" defined

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-4;
				  IC 8-1-12
Affected: IC 8-1-12
Sec. 13.
As used in this rule, "main extension" means the mains,
				  hydrants, and appurtenances installed by the utility to provide the water
				  utility service requested by or on behalf of the applicant or prospective
				  customer, but does not include the service pipes.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 6 - WATER UTILITIES › Rule 1.5 - Extension of Water Mains › Section 1.5-14 - "Original depositor" defined

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-4;
				  IC 8-1-12
Affected: IC 8-1-12
Sec. 14.
As used in this rule, "original depositor" means an applicant
				  who enters into a main extension agreement and makes a deposit with the
				  utility.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 6 - WATER UTILITIES › Rule 1.5 - Extension of Water Mains › Section 1.5-15 - "Person" defined

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-4;
				  IC 8-1-12
Affected: IC 8-1-12
Sec. 15.
As used in this rule, "person" means an individual, firm,
				  corporation, governmental agency, or other entity.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 6 - WATER UTILITIES › Rule 1.5 - Extension of Water Mains › Section 1.5-16 - "Prospective customer" defined

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-4;
				  IC 8-1-12
Affected: IC 8-1-12
Sec. 16.
As used in this rule, "prospective customer" means a person
				  who is not an original depositor, but whose lot or frontage directly abuts the
				  main extension between its original beginning and its original end point.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 6 - WATER UTILITIES › Rule 1.5 - Extension of Water Mains › Section 1.5-17 - "Public thoroughfare" defined

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-4;
				  IC 8-1-12
Affected: IC 8-1-12
Sec. 17.
As used in this rule, "public thoroughfare" means a road,
				  street, or way which has been dedicated for use by the public and accepted by
				  the appropriate governmental authority.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 6 - WATER UTILITIES › Rule 1.5 - Extension of Water Mains › Section 1.5-18 - "Refund" defined

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-4;
				  IC 8-1-12
Affected: IC 8-1-12
Sec. 18.
As used in this rule, "refund" means the subsequent
				  connector's fees, subsequent connector's revenue allowances, and revenue
				  allowances from depositor-authorized connections of lots included in the
				  original depositor's main extension agreement that must be paid by the utility
				  to the original depositor for ten (10) years after the completion date of the
				  main extension.
Indiana Administrative Code › Title 170 - INDIANA UTILITY REGULATORY COMMISSION › Article 6 - WATER UTILITIES › Rule 1.5 - Extension of Water Mains › Section 1.5-19 - "Revenue allowance from depositor-authorized connection" defined

Current through July 10, 2024
Authority: IC
				  8-1-1-3;
				  IC
				  8-1-2-4;
				  IC 8-1-12
Affected: IC 8-1-12
Sec. 19.
As used in this rule, "revenue allowance from
				  depositor-authorized connection" means the amount of three (3) times the
				  estimated annual revenue less the cost of connecting that the utility may
				  refund to original depositor for connections for lots or unplatted areas owned,
				  controlled, or designated by the original depositor and does not include an
				  immediate revenue allowance.