Sec. 2. (a) This chapter provides the exclusive statutory manner for a utility described in section 1.3(a)(1) or 1.3(a)(2) of this chapter to withdraw from the jurisdiction of the commission for the approval of the following:

(1) Rates and charges.

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Terms Used In Indiana Code 8-1-2.7-2

  • commission: refers to the Indiana utility regulatory commission. See Indiana Code 8-1-1-1
  • 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.
  • 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.
(2) Stocks, bonds, notes, or other evidence of indebtedness.

(3) Rules.

(4) The annual report filing requirement.

     (b) Notwithstanding any other provision in this article, a sewer disposal company described in section 1.3(a)(2) of this chapter shall not initiate operations or provide service or seek commission authority to do so within a territory for which the commission has granted operating and territorial authority to any other entity, which has not been revoked.

     (c) A sewage disposal company described in section 1.3(a)(2) of this chapter that has withdrawn from commission jurisdiction under this chapter shall offer service to all customers within the territory for which the commission has granted the utility territorial authority.

     (d) A sewage disposal company described in section 1.3(a)(2) of this chapter that is subject to the commission’s jurisdiction under IC 8-1-1.9-5(e)(2) for having been issued more than one (1) enforcement order (as defined in IC 8-1-1.9-5(c)) within the time specified in IC 8-1-1.9-5(e)(2) may not seek to withdraw from the commission’s jurisdiction under this chapter during the rate regulation period set forth in IC 8-1-1.9-5(e)(2).

As added by P.L.108-1989, SEC.1. Amended by P.L.80-1997, SEC.6; P.L.82-1997, SEC.6; P.L.159-1999, SEC.6; P.L.60-2024, SEC.1.