Terms Used In Indiana Code > Title 3 > Article 8 > Chapter 1 - Qualifications for Candidates

• 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
• 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
• 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
• 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.
• 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.
• 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

• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• 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: 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.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• board: refers to the board operating a municipally owned utility as determined under section 3 of this chapter. See Indiana Code 8-1.5-3-2
• board: means the following:

  Indiana Code 8-1.5-5-2

• 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 franchise authority issued by the commission under section 17 of this chapter. See Indiana Code 8-1-34-2
• clean energy: means electricity that is produced from a clean energy resource. See Indiana Code 8-1-37-2
• 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

• Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
• 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 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 8-1-30.8-2
• 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. See Indiana Code 8-1-1-1
• 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: 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.
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• 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.
• cost differential: means the difference between:

  Indiana Code 8-1-30.3-1

• 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 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

• 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.
• department: means the following:

  Indiana Code 8-1.5-5-3

• 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

• district: means the special taxing district established by section 5 of this chapter. See Indiana Code 8-1.5-5-3.5
• 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
• 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 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

• 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.
• excess distributed generation: means the difference between:

  Indiana Code 8-1-40-5

• exiting provider: means a provider that:

  Indiana Code 8-1-32.4-4

• facilities based local exchange carrier: means a local exchange carrier (as defined in Indiana Code 8-1-32.5-5
• 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.
• 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.
• 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.
• gross revenue: means all consideration of any kind or nature, including cash, credits, property, and in kind contributions:

  Indiana Code 8-1-34-5

• health agency: refers to either of the following:

  Indiana Code 8-1-32-3

• 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
• in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
• 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
• infrastructure improvement costs: means the following:

  Indiana Code 8-1-31-5.5

• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• 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}
• Lien: A claim against real or personal property in satisfaction of a debt.
• local exchange carrier: has the meaning set forth in Indiana Code 8-1-32.4-7
• 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

• 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
• 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.
• multitenant real estate: means any:

  Indiana Code 8-1-32.6-4

• net metering tariff: means a tariff that:

  Indiana Code 8-1-40-7

• 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

• 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
• 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.
• 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
• other programming service: refers to information that a provider makes available to all subscribers generally. See Indiana Code 8-1-34-9
• 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.
• 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 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
• 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.
• 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.
• 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
• 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

• 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
• 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: means :

  Indiana Code 8-1-39-4

• 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
• 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.
• 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

• 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.
• 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
• 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
• 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

• 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
• 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
• unusually large bill: means a residential water bill that reflects monthly water usage, in whatever units measured, that is at least two (2) times the customer's average monthly usage at the premises. See Indiana Code 8-1.5-3.5-1
• 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: refers to a water utility owned or operated by a municipality. See Indiana Code 8-1.5-3.5-2
• 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
• 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 utility: means :

  Indiana Code 8-1-30.8-4

• water utility: means :

  Indiana Code 8-1-31.6-4

• 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

• Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5