Terms Used In Indiana Code > Title 8 > Article 1 - Utilities Generally

• account: refers to the underground plant protection account established by section 24 of this chapter. See Indiana Code 8-1-26-1.3
• Acquire: means to obtain by construction, purchase, lease, devise, gift, eminent domain, or by any other lawful means. See Indiana Code 8-1-17-3
• actual revenues: means the annual operating revenues that an eligible utility receives or accrues for a twelve (12) month period authorized for recovery through basic rates and charges approved by the commission in the eligible utility's most recent general rate case. See Indiana Code 8-1-31.5-2
• ADA: refers to the federal Americans with Disabilities Act of 1990 (Indiana Code 8-1-2.8-1
• adjustment amount: means the amount proposed in a petition filed under section 8 of this chapter to allow the adjustment of an eligible utility's basic rates and charges to provide for recovery of infrastructure improvement costs. See Indiana Code 8-1-31-1.3
• adjustment amount: means the dollar amount:

  Indiana Code 8-1-31.5-3

• adjustment revenues: means revenues produced through an adjustment amount approved under section 9 of this chapter exclusive of revenues from all other rates and charges. See Indiana Code 8-1-31-1.5
• adjustment revenues: means revenues produced through application of a system integrity adjustment. See Indiana Code 8-1-31.5-4
• advisory committee: refers to the underground plant protection advisory committee established by section 23 of this chapter. See Indiana Code 8-1-26-1.5
• affected landowner: means an owner of an interest in property that:

  Indiana Code 8-1-22.6-2

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• affiliate: has the meaning set forth in IC 23-1-43-1. See Indiana Code 8-1-34-1
• alternative energy project: means a project that:

  Indiana Code 8-1-13.1-2

• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Amortization: Paying off a loan by regular installments.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• antenna: means any communications equipment that transmits or receives electromagnetic radio signals used in the provision of wireless communications service. See Indiana Code 8-1-32.3-1
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Appraisal: A determination of property value.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• approved alternative technology: refers to any technology that:

  Indiana Code 8-1-32.4-2

• approximate location: means a strip of land at least four (4) feet wide but not wider than the width of the underground facility plus two (2) feet on either side of the outer limits of the physical plant. See Indiana Code 8-1-26-2
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• assignee: means any individual, corporation, or other legal entity to which an SNG property interest is transferred. See Indiana Code 8-1-8.9-1
• assignee: means any individual, corporation, or other legally recognized entity to which an interest in securitization property is transferred. See Indiana Code 8-1-40.5-1
• association: means an organization that is:

  Indiana Code 8-1-26-3

• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
• authority: refers to the Indiana finance authority established by Indiana Code 8-1-30.8-1
• authorized revenues: means the annual operating revenues of an eligible utility approved by the commission for a twelve (12) month period in the eligible utility's most recent general rate case. See Indiana Code 8-1-31.5-5
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• base year: means the calendar year ending December 31, 2010. See Indiana Code 8-1-37-1
• basic telecommunications service: means stand alone telephone exchange service (as defined in Indiana Code 8-1-2.6-0.1
• basic telecommunications service: has the meaning set forth in Indiana Code 8-1-32.4-3
• before the election: refers to a general, municipal, or special election. See Indiana Code 3-8-1-1.7
• Bench trial: Trial without a jury in which a judge decides the facts.
• Board: means the board of directors of a cooperative corporation. See Indiana Code 8-1-17-3
• carbon dioxide fluid: means a fluid consisting of more than ninety percent (90%) carbon dioxide molecules compressed to a supercritical state. See Indiana Code 8-1-22.5-1
• Case law: The law as laid down in cases that have been decided in the decisions of the courts.
• Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
• CEC: means an interest that:

  Indiana Code 8-1-37-3

• certificate: refers to a certificate of public convenience and necessity issued by the commission under section 7(b) of this chapter. See Indiana Code 8-1-8.4-1
• certificate: refers to a certificate of franchise authority issued by the commission under section 17 of this chapter. See Indiana Code 8-1-34-2
• certificate holder: refers to a person holding a certificate of franchise authority issued under IC 8-1-34-17. See Indiana Code 8-1-29.5-3
• change of fuel type: means any change in the fuel, including a change from Indiana coal, used by a public utility. See Indiana Code 8-1-27-5.5
• charging infrastructure: means :

  Indiana Code 8-1-43-1

• Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
• Clean Air Act: refers to the federal Clean Air Act (Indiana Code 8-1-27-1
• clean coal technology: means a technology (including precombustion treatment of coal):

  Indiana Code 8-1-8.7-1

• clean coal technology: means a technology (including precombustion treatment of coal):

  Indiana Code 8-1-8.8-3

• clean energy: means electricity that is produced from a clean energy resource. See Indiana Code 8-1-37-2
• clean energy projects: means any of the following:

  Indiana Code 8-1-8.8-2

• clean energy resource: means any of the following sources, clean sources, alternative technologies, or programs used in connection with the production or conservation of electricity:

  Indiana Code 8-1-37-4

• Clean Water Act: refers to the Federal Water Pollution Control Act (Indiana Code 8-1-28-1
• Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
• coal gasification facility: means a facility in Indiana that uses a manufacturing process that converts coal into a clean gas that can be used:

  Indiana Code 8-1-8.8-4

• collocation: means the placement or installation of wireless facilities on existing structures that include a wireless facility or a wireless support structure, including water towers and other buildings or structures. See Indiana Code 8-1-32.3-4
• commercial motor vehicle: has the meaning set forth in IC 9-13-2-31. See Indiana Code 8-1-8.3-2
• commercial solar regulation: refers to any ordinance or regulation, including any:

  Indiana Code 8-1-42-3

• commission: refers to the Indiana utility regulatory commission created by IC 8-1-1-2. See Indiana Code 8-1-1.9-1
• Commission: as used in this chapter , means the commission created by IC 8-1-1-2. See Indiana Code 8-1-2-1
• commission: refers to the Indiana utility regulatory commission. See Indiana Code 8-1-2.8-2
• commission: refers to the Indiana utility regulatory commission established by IC 8-1-1-2. See Indiana Code 8-1-8.1-1
• commission: refers to the Indiana utility regulatory commission created by IC 8-1-1-2. See Indiana Code 8-1-8.9-2
• commission: refers to the Indiana utility regulatory commission created by IC 8-1-1-2. See Indiana Code 8-1-17.5-1
• commission: refers to the Indiana utility regulatory commission created by IC 8-1-1-2. See Indiana Code 8-1-26.5-2
• commission: refers to the Indiana utility regulatory commission created by IC 8-1-1-2. See Indiana Code 8-1-29.5-4
• commission: refers to the Indiana utility regulatory commission created by IC 8-1-1-2. See Indiana Code 8-1-30.8-2
• commission: refers to the Indiana utility regulatory commission created by IC 8-1-1-2. See Indiana Code 8-1-31.6-1
• commission: refers to the Indiana utility regulatory commission created by IC 8-1-1-2. See Indiana Code 8-1-32.5-2
• commission: refers to the Indiana utility regulatory commission created by IC 8-1-1-2. See Indiana Code 8-1-32.6-1
• commission: refers to the Indiana utility regulatory commission created by IC 8-1-1-2. See Indiana Code 8-1-34-3
• commission: refers to the Indiana utility regulatory commission created by IC 8-1-1-2. See Indiana Code 8-1-40-1
• commission: refers to the Indiana utility regulatory commission created by IC 8-1-1-2. See Indiana Code 8-1-40.1-1
• commission: refers to the Indiana utility regulatory commission created by IC 8-1-1-2. See Indiana Code 8-1-40.5-2
• commission: refers to the Indiana utility regulatory commission created by IC 8-1-1-2. See Indiana Code 8-1-43-2
• commission: refers to the Indiana utility regulatory commission. See Indiana Code 8-1-1-1
• committee: means the nominating committee established by section 3 of this chapter. See Indiana Code 8-1-1.5-2
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• communications: means construction, engineering, financial, accounting, or educational services incidental to communications service. See Indiana Code 8-1-17-3
• Communications facilities: includes all buildings, plants, works, structures, improvements, fixtures, apparatus, materials, supplies, machinery, tools, implements, poles, posts, crossarms, conduits, ducts, underground or overhead lines, wires, cables, fibers, exchanges, switches, desks, testboards, frames, racks, motors, generators, batteries, and other items of central office equipment, paystations, protectors, instruments, connections, and appliances, office furniture and equipment, work equipment, and all other property used in connection with the provision of communications services. See Indiana Code 8-1-17-3
• communications service: has the meaning set forth in Indiana Code 8-1-17.5-2
• communications service: has the meaning set forth in Indiana Code 8-1-26-3.5
• communications service: refers to any of the following:

  Indiana Code 8-1-32.5-3

• communications service: refers to any of the following:

  Indiana Code 8-1-32.6-2

• communications service: has the meaning set forth in Indiana Code 8-1-32.7-1
• Communications service provider: as used in this chapter , has the meaning set forth in Indiana Code 8-1-2-1
• communications service provider: has the meaning set forth in Indiana Code 8-1-26.5-3
• communications service provider: has the meaning set forth in Indiana Code 8-1-32.3-4.2
• communications service provider: has the meaning set forth in Indiana Code 8-1-32.4-3.2
• communications service provider: means a person or an entity that offers communications service to customers in Indiana, without regard to the technology or medium used by the person or entity to provide the communications service. See Indiana Code 8-1-32.5-4
• communications service provider: means a person or an entity, or an affiliate (as defined in IC 8-1-34-1) of a person or an entity, that offers communications service to customers in Indiana, without regard to the technology or medium used by the person or entity to provide the communications service. See Indiana Code 8-1-32.6-3
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• compliance project: means a project:

  Indiana Code 8-1-8.4-2

• construction: means the physical work involved in the construction, reconstruction, improvement, maintenance, or extension of a pipeline project. See Indiana Code 8-1-22.6-3
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• contractor: means an entity under contract with:

  Indiana Code 8-1-26.5-4

• Conviction: A judgement of guilt against a criminal defendant.
• Cooperative corporation: means a corporation formed under this chapter. See Indiana Code 8-1-17-3
• cooperatively owned power supplier: means :

  Indiana Code 8-1-13.1-3

• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• corporation: means a corporation organized under IC 8-1-13 as a local district corporation (as defined in IC 8-1-13-23(b)). See Indiana Code 8-1-13.1-4
• cost differential: means the difference between:

  Indiana Code 8-1-30.3-1

• Cost of relocation: shall include the entire amount paid by a utility properly attributable to such relocation, after deducting therefrom any increase in the value of the new facility and any salvage value derived from the old facility. See Indiana Code 8-1-9-2
• costs associated with qualified utility system property: means capital, operation, maintenance, depreciation, tax costs, and financing costs of or for qualified utility system property. See Indiana Code 8-1-8.8-5
• Council: means the advisory council to the office of utility consumer counselor created under section 7 of this chapter. See Indiana Code 8-1-1.1-1
• Counselor: means the consumer counselor established under section 2 of this chapter. See Indiana Code 8-1-1.1-1
• Counterclaim: A claim that a defendant makes against a plaintiff.
• CPS goal: refers to a goal set forth in section 12(a) of this chapter that a participating electricity supplier must achieve during a specified period during the program to qualify for one (1) or more of the financial incentives described in section 13 of this chapter. See Indiana Code 8-1-37-5
• CSE system: means a system that:

  Indiana Code 8-1-42-2

• cumulative excess or deficit: means the amount by which an eligible utility's actual revenues are:

  Indiana Code 8-1-31.5-6

• customer: means a person to whom telecommunications services are provided. See Indiana Code 8-1-29-1
• customer: means a person that receives retail electric service from an electricity supplier. See Indiana Code 8-1-40-2
• customer lead service line improvement: means an expenditure that is:

  Indiana Code 8-1-31.6-2

• damage: means :

  Indiana Code 8-1-26-4

• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• demolish: means an operation in which a structure or mass of material is wrecked, raised, rendered, moved, or removed by means of tools, equipment, or discharge of explosives. See Indiana Code 8-1-26-5
• Dependent: A person dependent for support upon another.
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Deputy consumer counselor: means the deputy consumer counselor for Washington affairs that may be established under section 9. See Indiana Code 8-1-1.1-1
• design information notice: means a notification that:

  Indiana Code 8-1-26-5.2

• Devise: To gift property by will.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• distributed energy resource: means any resource located on the distribution system of an electricity supplier, on any subsystem of an electricity supplier, or behind an electricity supplier's customer's meter, including any of the following:

  Indiana Code 8-1-40.1-2

• distributed generation: means electricity produced by a generator or other device that is:

  Indiana Code 8-1-40-3

• division: means the pipeline safety division to be established under this chapter. See Indiana Code 8-1-22.5-1
• division: refers to the pipeline safety division of the Indiana utility regulatory commission established by Indiana Code 8-1-22.6-4
• Docket: A log containing brief entries of court proceedings.
• dual party relay services: means telecommunications transmission services that provide the ability for a person who has a hearing impairment or speech impairment to engage in communication with a hearing person in a manner that is functionally equivalent to the ability of an individual who does not have a hearing impairment or speech impairment to communicate using voice communication services. See Indiana Code 8-1-2.8-3
• dwelling: means any building, structure, or part of a building or structure that is occupied as, or is designed or intended for occupancy as, a residence by one (1) or more families or individuals. See Indiana Code 8-1-41-2
• dwelling: means any building, structure, or part of a building or structure that is occupied as, or is designed or intended for occupancy as, a residence by one (1) or more families or individuals. See Indiana Code 8-1-42-4
• electric transmission facility: means a high voltage transmission line with a rating of at least one hundred (100) kilovolts and related transmission facilities and controls. See Indiana Code 8-1-38-1
• electric utility: means a public utility (as defined in IC 8-1-2-1(a)) that meets the following criteria:

  Indiana Code 8-1-40.5-3

• electric utility: means a public utility (as defined in IC 8-1-2-1(a)) that:

  Indiana Code 8-1-43-3

• electrical transmission tower: means a structure that physically supports high voltage overhead power lines. See Indiana Code 8-1-32.3-5
• electricity supplier: means a public utility (as defined in IC 8-1-2-1) that furnishes retail electric service to customers in Indiana on January 1, 2011. See Indiana Code 8-1-37-6
• electricity supplier: means a public utility (as defined in IC 8-1-2-1) that furnishes retail electric service to customers in Indiana. See Indiana Code 8-1-40-4
• eligible addition: means any new utility plant or equipment:

  Indiana Code 8-1-31.7-2

• eligible business: means a business that is an energy utility (as defined in Indiana Code 8-1-8.8-6
• eligible infrastructure improvements: means projects that:

  Indiana Code 8-1-31-5

• eligible infrastructure improvements: has the meaning set forth in IC 8-1-31-5. See Indiana Code 8-1-31.6-3
• eligible utility: means a:

  Indiana Code 8-1-31-5.2

• eligible utility: means a:

  Indiana Code 8-1-31.5-7

• eligible utility: means :

  Indiana Code 8-1-31.7-3

• energy utility: means a public utility or a municipally owned utility within the meaning of IC 8-1-2-1, or a local district corporation or a general district corporation within the meaning of IC 8-1-13-23, engaged in the production, transmission, delivery, or furnishing of heat, light, or power. See Indiana Code 8-1-2.5-2
• energy utility: has the meaning set forth in Indiana Code 8-1-8.4-3
• energy utility: has the meaning set forth in Indiana Code 8-1-8.9-3
• environmental compliance plan: means a plan developed by a public utility to comply in whole or in part with the requirements of the Clean Air Act Amendments of 1990. See Indiana Code 8-1-27-3
• environmental compliance plan: means a plan developed by a public utility to comply in whole or in part with the requirements of the Safe Drinking Water Act or the Clean Water Act. See Indiana Code 8-1-28-2
• equipment compound: means the area that:

  Indiana Code 8-1-32.3-6

• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• excavate: means an operation for the movement, placement, or removal of earth, rock, or other materials in or on the ground by use of tools or mechanized equipment or by discharge of explosives, including augering, backfilling, boring, digging, ditching, drilling, driving, grading, jacking, plowing in, pulling in, ripping, scraping, trenching, and tunneling. See Indiana Code 8-1-26-6
• excess distributed generation: means the difference between:

  Indiana Code 8-1-40-5

• Executive session: A portion of the Senate's daily session in which it considers executive business.
• exiting provider: means a provider that:

  Indiana Code 8-1-32.4-4

• Facilities based local exchange carrier: has the meaning set forth in Indiana Code 8-1-17-3
• facilities based local exchange carrier: means a local exchange carrier (as defined in Indiana Code 8-1-32.5-5
• facility: means a line or system used for producing, storing, conveying, transmitting, or distributing communication, information, electricity, gas, petroleum, petroleum products, hazardous liquids, carbon dioxide fluids, water, steam, or sewerage. See Indiana Code 8-1-26-7
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• FCC: refers to the Federal Communications Commission. See Indiana Code 8-1-2.8-4
• federally mandated costs: means costs that an energy utility has incurred, or estimates that it will incur, in connection with a compliance project, including capital, operating, maintenance, depreciation, tax, or financing costs, or costs that are directly related to the preparation and conduct of a regulatory proceeding. See Indiana Code 8-1-8.4-4
• federally mandated requirement: means a requirement that the commission determines is imposed on an energy utility by the federal government in connection with any of the following:

  Indiana Code 8-1-8.4-5

• Fiduciary: A trustee, executor, or administrator.
• financing entity: means a person that provides:

  Indiana Code 8-1-8.9-4

• financing order: means an order issued by the commission under section 10 of this chapter. See Indiana Code 8-1-40.5-4
• financing party: means a holder of securitization bonds. See Indiana Code 8-1-40.5-5
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
• franchise: means an initial authorization, or a renewal of an authorization, that:

  Indiana Code 8-1-34-4

• Fraud: Intentional deception resulting in injury to another.
• gas: means natural gas, flammable gas, or gas which is toxic or corrosive. See Indiana Code 8-1-22.5-1
• General cooperative corporation: means a cooperative corporation formed to render services to local cooperative corporations. See Indiana Code 8-1-17-3
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• gross revenue: as used in this chapter , shall include all intrastate operating revenue received by a public utility for the conveyance of telegraph or telephone messages or for the production, transmission, delivery, or furnishing of heat, light, water, or power, or for the collection, treatment, purification, or disposal in any sanitary manner of liquid or solid waste, sewage, night soil, and industrial waste for service directly or indirectly to the public. See Indiana Code 8-1-6-3
• gross revenue: means all consideration of any kind or nature, including cash, credits, property, and in kind contributions:

  Indiana Code 8-1-34-5

• group: refers to the forecasting group established by Indiana Code 8-1-8.8-7
• guidelines: refers to a nonrule policy document adopted by the division that establishes voluntary guidelines to be considered by a pipeline company that proposes to construct a pipeline that will be located, in whole or in part, in Indiana. See Indiana Code 8-1-22.6-5
• hazardous liquid: means petroleum, petroleum products, or anhydrous ammonia. See Indiana Code 8-1-22.5-1
• health agency: refers to either of the following:

  Indiana Code 8-1-32-3

• Highway: when used in this chapter shall mean only those routes which are included within the national system of interstate and defense highways. See Indiana Code 8-1-9-2
• Highway: includes county bridges and state and county roads, unless otherwise expressly provided. See Indiana Code 1-1-4-5
• holder: refers to a person that holds a certificate issued by the commission under this chapter after June 30, 2006. See Indiana Code 8-1-34-6
• I-Light: refers to the high speed communications network that connects state educational institutions and private postsecondary educational institutions throughout Indiana. See Indiana Code 8-1-32.7-3
• Improve: includes construct, reconstruct, extend, enlarge, alter, better, or repair. See Indiana Code 8-1-17-3
• in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
• incumbent electric transmission owner: means a public utility that owns, operates, and maintains an electric transmission facility in whole or in part in Indiana. See Indiana Code 8-1-38-2
• incumbent local exchange carrier: has the meaning set forth in Indiana Code 8-1-32.4-6
• incumbent provider: means the provider serving the largest number of video service subscribers in a particular local franchise service area on July 1, 2006. See Indiana Code 8-1-34-7
• independent evaluator: means a person or entity that is qualified to assess the accuracy or validity of methodology or results of an audit under this chapter. See Indiana Code 8-1-30.8-2.2
• Indeterminate permit: as used in this chapter , means every grant, directly or indirectly from the state, to any corporation, company, partnership, limited liability company, individual, association of individuals, their lessees, trustees, or receivers appointed by a court, of power, right, or privilege to own, operate, manage, or control any plant or equipment, or any part of a plant or equipment, within this state, for the:

  Indiana Code 8-1-2-1

• Indiana coal: means coal from a mine whose coal deposits are located in the ground wholly or partially in Indiana regardless of the location of the mine's tipple. See Indiana Code 8-1-27-4
• infrastructure improvement costs: means the following:

  Indiana Code 8-1-31-5.5

• Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
• InTRAC: means a corporation formed under Indiana Code 8-1-2.8-6
• Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• LEC: refers to any communications service provider (as defined in Indiana Code 8-1-2.8-8
• letter of agency: means a written statement that a customer signs that authorizes a change to that customer's primary interexchange carrier or primary local exchange carrier. See Indiana Code 8-1-29-1.3
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Local cooperative corporation: means a cooperative corporation formed to render communications services within Indiana. See Indiana Code 8-1-17-3
• local exchange carrier: has the meaning set forth in Indiana Code 8-1-32.4-7
• Local exchange service: has the meaning set forth in Indiana Code 8-1-17-3
• local exchange service: means the provision of telephone exchange service (as defined in Indiana Code 8-1-32.4-8
• local franchise: means an initial authorization, or a renewal of an authorization, that:

  Indiana Code 8-1-34-8

• make-ready infrastructure: means the:

  Indiana Code 8-1-43-5

• marginal price of electricity: means the hourly market price for electricity as determined by a regional transmission organization of which the electricity supplier serving a customer is a member. See Indiana Code 8-1-40-6
• mechanized equipment: means equipment operated by means of mechanical power, including:

  Indiana Code 8-1-26-9

• Member: includes each individual signing the articles of incorporation of a cooperative corporation and each person admitted to membership of the cooperative corporation under law and the corporation's bylaws. See Indiana Code 8-1-17-3
• Minority leader: See Floor Leaders
• Month: means a calendar month, unless otherwise expressed. See Indiana Code 1-1-4-5
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• mortgage: as used in this chapter , includes deeds of trust and any and all documents creating an interest in property to secure the payment of bonds, notes, debentures, and like securities, and any instrument executed to supplement any mortgage. See Indiana Code 8-1-5-1
• Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
• multitenant real estate: means any:

  Indiana Code 8-1-32.6-4

• Municipal council: as used in this chapter , means the legislative body of any town or city in Indiana wherein the property of the public utility or any part thereof is located. See Indiana Code 8-1-2-1
• Municipality: as used in this chapter , means any city or town of Indiana. See Indiana Code 8-1-2-1
• municipality: means a city, county, or any political subdivision of the state. See Indiana Code 8-1-22.5-1
• Municipally owned utility: as used in this chapter , includes every utility owned or operated by a municipality. See Indiana Code 8-1-2-1
• net metering tariff: means a tariff that:

  Indiana Code 8-1-40-7

• new electric transmission owner: means a corporation, company, partnership, limited liability company, or other organization that:

  Indiana Code 8-1-38-4

• new energy production or generating facility: refers to a generation or coal gasification facility that satisfies all of the following:

  Indiana Code 8-1-8.8-8

• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• non-revenue water: means the difference between:

  Indiana Code 8-1-30.8-3

• nonbasic telecommunications service: means retail telecommunications service other than:

  Indiana Code 8-1-2.6-0.3

• nonparticipating property: means a lot or parcel of real property:

  Indiana Code 8-1-41-3

• nonparticipating property: means a lot or parcel of real property:

  Indiana Code 8-1-42-5

• not-for-profit utility: has the meaning set forth in IC 8-1-2-125(a). See Indiana Code 8-1-30.3-2.5
• not-for-profit utility: has the meaning set forth in IC 8-1-2-125(a). See Indiana Code 8-1-31-5.9
• not-for-profit utility: has the meaning set forth in IC 8-1-2-125(a). See Indiana Code 8-1-31.5-8
• not-for-profit utility: has the meaning set forth in IC 8-1-2-125(a). See Indiana Code 8-1-31.7-4
• nuclear energy production or generating facility: means :

  Indiana Code 8-1-8.8-8.5

• Oath: A promise to tell the truth.
• Oath: includes "affirmation" and "to swear" includes to "affirm". See Indiana Code 1-1-4-5
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Obligations: includes negotiable bonds, notes, debentures, interim certificates or receipts, and other evidences of indebtedness, either issued or the payment of which is assumed by a cooperative corporation. See Indiana Code 8-1-17-3
• offered utility: means a utility company whose property is the subject of an acquisition described in section 5(a) of this chapter. See Indiana Code 8-1-30.3-2.6
• operator: means a person who owns or operates an underground facility, other than an underground facility that:

  Indiana Code 8-1-26-10

• other programming service: refers to information that a provider makes available to all subscribers generally. See Indiana Code 8-1-34-9
• Oversight: Committee review of the activities of a Federal agency or program.
• participating electricity supplier: refers to an electricity supplier that has been approved by the commission under section 11 of this chapter to participate in the program. See Indiana Code 8-1-37-7
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• patronage capital: means revenues and receipts returned to members under section 24(d) of this chapter. See Indiana Code 8-1-17.5-3
• permit authority: means a unit, a board, a commission, or any other governing body that makes legislative or administrative decisions concerning the construction, installation, modification, or siting of wireless facilities or wireless support structures. See Indiana Code 8-1-32.3-8
• permit authority: means :

  Indiana Code 8-1-41-4

• permit authority: means :

  Indiana Code 8-1-42-6

• person: means any individual, firm, joint venture, partnership, corporation, limited liability company, association, municipality, cooperative association, or joint stock association, and includes any trustee, receiver, assignee, or personal representative thereof. See Indiana Code 8-1-22.5-1
• person: means an individual, a corporation, a partnership, a limited liability company, an association, or other entity organized under the laws of any state. See Indiana Code 8-1-26-11
• person: means an individual, a corporation, a limited liability company, a partnership, an unincorporated association, or a governmental entity. See Indiana Code 8-1-32.6-5
• person: means an individual, a corporation, a partnership, a limited liability company, an association, or another entity organized under the laws of any state. See Indiana Code 8-1-34-10
• Personal property: All property that is not real property.
• Personal property: includes goods, chattels, evidences of debt, and things in action. See Indiana Code 1-1-4-5
• pilot program: means a limited deployment of:

  Indiana Code 8-1-43-7

• pipeline: means all parts of those physical facilities through which gas, hazardous liquids, or carbon dioxide fluid moves in transportation, including pipe, valves, and other appurtenances attached to pipe, compressor units, metering stations, regulator stations, delivery stations, holders, and fabricated assemblies, but excluding motor vehicles of all kinds and pipelines serving not less than ten (10) customers with petroleum gas from a common source. See Indiana Code 8-1-22.5-1
• pipeline: means a pipeline (as defined in Indiana Code 8-1-22.6-6
• pipeline company: means a person (as defined in Indiana Code 8-1-22.6-7
• pipeline facilities: means and includes, without limitation, new and existing pipelines, rights-of-way and any equipment, facility, or building used in:

  Indiana Code 8-1-22.5-1

• pipeline facilities: has the meaning set forth in Indiana Code 8-1-26-11.2
• pipeline safety division: means the pipeline safety division established within the commission by Indiana Code 8-1-26.5-5
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Population: has the meaning set forth in Indiana Code 1-1-4-5
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• preferred carrier change order: means a request to change a customer's telecommunications provider. See Indiana Code 8-1-29-1.5
• premises: means a single tract of land on which a customer consumes electricity for residential, business, or other purposes. See Indiana Code 8-1-40-8
• premium: refers to comparable terms with respect to those certificates. See Indiana Code 8-1-40.5-7
• President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• pretax return: means the revenues necessary to:

  Indiana Code 8-1-31-6

• pretax return: means the revenues necessary:

  Indiana Code 8-1-31.7-5

• pretax return: means the TDSIC revenues necessary to:

  Indiana Code 8-1-39-3

• prevailing time: means the time observed in Indianapolis, Indiana. See Indiana Code 8-1-26-11.3
• Probate: Proving a will
• program: refers to the Indiana voluntary clean energy portfolio standard program established by the commission under section 10 of this chapter. See Indiana Code 8-1-37-8
• project: refers to the extension of water utility service to a subject area. See Indiana Code 8-1-32-4
• project owner: means a person that:

  Indiana Code 8-1-41-5

• project owner: means a person that:

  Indiana Code 8-1-42-7

• Property: includes personal and real property. See Indiana Code 1-1-4-5
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• provider: means a person or an entity that offers basic or nonbasic telecommunications service. See Indiana Code 8-1-2.6-0.4
• provider: refers to a multichannel video programming distributor (as defined in Indiana Code 8-1-34-11
• provider of last resort: means a provider that:

  Indiana Code 8-1-32.4-9

• provider of last resort: has the meaning set forth in Indiana Code 8-1-32.6-6
• public utility: has the meaning set forth in IC 8-1-2-1(a). See Indiana Code 8-1-1.9-2
• public utility: as used in this chapter , means every corporation, company, partnership, limited liability company, individual, association of individuals, their lessees, trustees, or receivers appointed by a court, that may own, operate, manage, or control any plant or equipment within the state for the:

  Indiana Code 8-1-2-1

• public utility: as used in this chapter , shall mean and embrace every corporation, company, cooperative organization of any kind, individual, association of individuals, their lessees, trustees, or receivers appointed by any court whatsoever that on or after March 15, 1969, may own, operate, manage, or control any plant or equipment within the state for the conveyance of telegraph or telephone messages, or for the production, transmission, delivery, or furnishing of heat, light, water, or power, or for the collection, treatment, purification, and disposal in a sanitary manner of liquid and solid waste, sewage, night soil, and industrial waste, for service directly or indirectly to the public, but said term shall not include a municipality that may after March 14, 1969, acquire, own, or operate any of the foregoing facilities. See Indiana Code 8-1-6-3
• public utility: has the meaning set forth in IC 8-1-2-1(a). See Indiana Code 8-1-8.3-3
• public utility: means a:

  Indiana Code 8-1-8.5-1

• public utility: means a public or municipally owned utility. See Indiana Code 8-1-8.7-2
• public utility: means a public utility, a municipally owned utility, or a cooperatively owned utility. See Indiana Code 8-1-27-5
• public utility: means a public utility, a municipally owned utility, or a cooperatively owned utility. See Indiana Code 8-1-28-3
• public utility: has the meaning set forth in Indiana Code 8-1-38-5
• public utility: means :

  Indiana Code 8-1-39-4

• public utility service: means the service rendered by a public utility. See Indiana Code 8-1-8.5-1
• qualified contract: means a contract with a term of at least thirty (30) years for the sale of substitute natural gas to an energy utility. See Indiana Code 8-1-8.9-5
• qualified order: means a final and irrevocable order that:

  Indiana Code 8-1-8.9-7

• qualified utility system expenses: means the costs associated with the study, analysis, or development of a life cycle management project for a nuclear energy production or generating facility. See Indiana Code 8-1-8.8-8.7
• qualified utility system property: means any:

  Indiana Code 8-1-8.8-9

• Quorum: The number of legislators that must be present to do business.
• Rate: as used in this chapter , means every individual or joint rate, fare, toll, charge, rental, or other compensation of any utility or any two (2) or more such individual or joint rates, fares, tolls, charges, rentals, or other compensation of any utility or any schedule or tariff thereof, but nothing in this subsection shall give the commission any control, jurisdiction, or authority over the rate charged by a municipally owned utility except as in this chapter expressly provided. See Indiana Code 8-1-2-1
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• real property: include lands, tenements, and hereditaments. See Indiana Code 1-1-4-5
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• regional transmission organization: refers to a regional transmission organization approved by the Federal Energy Regulatory Commission. See Indiana Code 8-1-38-6
• regional transmission organization: has the meaning set forth in IC 8-1-37-9. See Indiana Code 8-1-40-9
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• renewable energy resource: means the following:

  Indiana Code 8-1-8.8-10

• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• requirement: means any decision or regulation imposed on an eligible utility by a unit (as defined in IC 36-1-2-23), a municipal corporation (as defined in IC 36-1-2-10), a state, or the federal government in connection with any of the following:

  Indiana Code 8-1-31.7-6

• retail electric service: has the meaning set forth in Indiana Code 8-1-17.5-4
• retail energy service: means energy service furnished by an energy utility to a customer for ultimate consumption, including energy service by a general district corporation to a local district corporation within the meaning of IC 8-1-13-23. See Indiana Code 8-1-2.5-3
• retail energy service: has the meaning set forth in Indiana Code 8-1-13.1-8
• revenue obligations: shall mean any obligations, including bonds, notes, temporary, interim or permanent certificates of indebtedness, debentures or other obligations payable out of the income and revenues derived from utility property. See Indiana Code 8-1-11.1-19
• Safe Drinking Water Act: refers to the federal Safe Drinking Water Act (Public Health Service Act, Indiana Code 8-1-28-4
• securitization bonds: means bonds, debentures, notes, certificates of participation, certificates of a beneficial interest, certificates of ownership, or other evidences of indebtedness that:

  Indiana Code 8-1-40.5-7

• securitization charges: means nonbypassable amounts that are:

  Indiana Code 8-1-40.5-8

• securitization property: means the rights and interests of an electric utility, or its successor, under a financing order, as described in section 11 of this chapter. See Indiana Code 8-1-40.5-9
• service enhancement improvement: means an expenditure that is either of the following:

  Indiana Code 8-1-31.7-7

• service enhancement improvement costs: means costs that an eligible utility incurs in connection with an eligible addition, including the following:

  Indiana Code 8-1-31.7-8

• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• sewage treatment provider: means a legal entity that provides only sewage treatment service to a not-for-profit sewage disposal company. See Indiana Code 8-1-2.7-1.6
• sewage treatment recipient: means a not-for-profit sewage disposal company that receives sewage treatment service from another legal entity. See Indiana Code 8-1-2.7-1.6
• Sheriff: means the sheriff of the county or another person authorized to perform sheriff's duties. See Indiana Code 1-1-4-5
• small cell facility: means :

  Indiana Code 8-1-32.3-9

• small cell network: means a collection of interrelated small cell facilities designed to deliver wireless service. See Indiana Code 8-1-32.3-10
• small modular nuclear reactor: means a nuclear reactor that:

  Indiana Code 8-1-8.8-10.2

• SNG: has the meaning set forth in Indiana Code 8-1-8.9-8
• SNG property interest: means the right, title, and interest that:

  Indiana Code 8-1-8.9-9

• SNG seller: means any individual, corporation, or other legal entity that engages in the production and sale of substitute natural gas. See Indiana Code 8-1-8.9-10
• state: means the state of Indiana and any officer, agency, department, board, bureau, commission, division, or institution of the state of Indiana, the trustees or board of directors of any instrumentality of the state of Indiana or body politic of the state of Indiana, and the trustees of any state educational institution. See Indiana Code 8-1-32.7-4
• Statute: A law passed by a legislature.
• subject area: refers to an area described in section 6 of this chapter. See Indiana Code 8-1-32-5
• Subpoena: A command to a witness to appear and give testimony.
• substantial modification of a wireless support structure: means the mounting of a wireless facility on a wireless support structure in a manner that:

  Indiana Code 8-1-32.3-11

• successor corporation: means a corporation that is formed from a consolidation of two (2) or more corporations under this chapter. See Indiana Code 8-1-17.5-5
• Summons: Another word for subpoena used by the criminal justice system.
• surviving corporation: means the corporation that remains after a merger of two (2) or more corporations under this chapter. See Indiana Code 8-1-17.5-6
• System: includes any plant, works, system, facilities, or properties, together with all parts of and appurtenances to the plant, works, system, facilities, or properties, used or useful in communications service. See Indiana Code 8-1-17-3
• system integrity adjustment: means an amount charged by an eligible utility to allow the automatic adjustment of the eligible utility's basic rates and charges to recover from or credit to customers an adjustment amount. See Indiana Code 8-1-31.5-9
• system integrity collar: means a dollar amount that is equal to the product of:

  Indiana Code 8-1-31.5-10

• targeted economic development project: means a project approved by the commission under section 10(c) of this chapter. See Indiana Code 8-1-39-5
• TDSIC: refers to a transmission, distribution, and storage system improvement charge. See Indiana Code 8-1-39-6
• TDSIC costs: means the following costs incurred with respect to eligible transmission, distribution, and storage system improvements incurred both while the improvements are under construction and post in service:

  Indiana Code 8-1-39-7

• TDSIC revenues: means revenues produced through a TDSIC and excluding revenues from all other rates and charges. See Indiana Code 8-1-39-8
• telecommunications: has the meaning set forth in Indiana Code 8-1-2.6-0.6
• telecommunications: means the electronic transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information sent and received. See Indiana Code 8-1-29-2
• telecommunications provider: means a person that provides telecommunications service. See Indiana Code 8-1-29-3
• telecommunications service: has the meaning set forth in Indiana Code 8-1-2.6-0.7
• telecommunications service: means making telecommunications available to the public for a fee. See Indiana Code 8-1-29-4
• telephone company: means :

  Indiana Code 8-1-2.8-9

• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• transportation: means :

  Indiana Code 8-1-22.5-1

• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• unit: has the meaning set forth in IC 36-1-2-23. See Indiana Code 8-1-34-12
• unit: refers to :

  Indiana Code 8-1-41-6

• unit: refers to :

  Indiana Code 8-1-42-8

• United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
• Uphold: The decision of an appellate court not to reverse a lower court decision.
• User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
• Utility: means any public utility, municipally owned utility or subscriber owned utility under the jurisdiction of the commission. See Indiana Code 8-1-1.1-1
• Utility: as used in this chapter , means every plant or equipment within the state used for:

  Indiana Code 8-1-2-1

• Utility: shall include all privately, municipally, publicly, or cooperatively owned systems for supplying communications, power, light, heat, electricity, gas, water, pipeline, sewer, sewage disposal, drain, or like service, directly or indirectly, to the public. See Indiana Code 8-1-9-2
• utility: means :

  Indiana Code 8-1-26.5-6

• utility company: refers to either of the following:

  Indiana Code 8-1-30-2

• utility company: means :

  Indiana Code 8-1-30.3-3

• utility pole: means a structure that is:

  Indiana Code 8-1-32.3-12

• utility property: refers to property of a utility company that is the subject of an acquisition described in section 5(a) of this chapter. See Indiana Code 8-1-30.3-4
• utility service interruption emergency: means an outage or interruption of utility service in Indiana, including a near term threat or occurrence of a meteorological or other condition reasonably likely to result in outages or service interruption. See Indiana Code 8-1-8.3-4
• utility service vehicle: has the meaning set forth in Indiana Code 8-1-8.3-5
• Vacancy: means an opening on the membership of the commission or nominating committee which occurs by reason of death, retirement, resignation, removal, expiration of term without reappointment. See Indiana Code 8-1-1.5-2
• Verdict: The decision of a petit jury or a judge.
• Verified: when applied to pleadings, means supported by oath or affirmation in writing. See Indiana Code 1-1-4-5
• video programming: has the meaning set forth in Indiana Code 8-1-34-13
• video service: means :

  Indiana Code 8-1-34-14

• video service system: means a system, consisting of a set of transmission paths and associated signal generation, reception, and control equipment, that is designed to provide video service directly to subscribers within a community. See Indiana Code 8-1-34-15
• water or wastewater utility: means :

  Indiana Code 8-1-1.9-3

• water utility: means :

  Indiana Code 8-1-30.8-4

• water utility: means :

  Indiana Code 8-1-31.6-4

• white lining: means the act of marking the route or boundary of a proposed excavation or demolition with white paint, flags, or stakes, or a combination of white paint, flags, and stakes. See Indiana Code 8-1-26-11.5
• wind power device: means a device, including a windmill or a wind turbine, that is designed to use the kinetic energy of moving air to provide mechanical energy or to produce electricity. See Indiana Code 8-1-41-7
• wind power regulation: refers to any ordinance or regulation, including any:

  Indiana Code 8-1-41-8

• wireless communications service: means services, whether mobile or at a fixed location, that are provided using wireless facilities through licensed or unlicensed spectrum. See Indiana Code 8-1-32.3-12.5
• wireless facility: means the set of equipment and network components that are:

  Indiana Code 8-1-32.3-13

• wireless support structure: means a freestanding structure that is:

  Indiana Code 8-1-32.3-14

• working day: means every day except Saturday, Sunday, and state and national legal holidays. See Indiana Code 8-1-26-12
• Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5