Indiana § 8-1-2-113 - Commission's recommendation to governor to declare disaster emergency or state energy emergency; commission's alteration, amendment, or suspension of rates or services; limitations

§ 8-1-2-113. Commission's recommendation to governor to declare disaster emergency or state energy emergency; commission's alteration, amendment, or suspension of rates or services; limitations

Sec. 113. (a) Subject to subsections (b) and (c), the commission may, when it considers it necessary to prevent injury to the business or interests of the people of, or any public utility operating in, Indiana in the event of any emergency that results from:

(1) a national economic depression;

(2) an act of war; or

(3) a disaster of unprecedented size and destructiveness resulting from manmade or natural causes;

recommend that the governor declare a disaster emergency under IC 10-14-3-12 or proclaim a state of energy emergency under IC 10-14-3-13, as applicable, during which the commission may temporarily alter, amend, or with the consent of the public utility concerned, suspend any existing rates, service, practices, schedules, or orders relating to or affecting any public utility or part of any public utility operating in Indiana. The alterations, amendments, or suspensions of the rates, service, schedules, or practices made by the commission may apply to one (1) or more of the public utilities operating in Indiana, as directed by the commission, and take effect at the time and remain in force only for the duration of the disaster emergency or the energy emergency, as applicable.

(b) The declaration of a disaster emergency by the governor upon the recommendation of the commission under subsection (a) is subject to:

(1) the time limitations set forth in IC 10-14-3-12(b); and

(2) termination by the general assembly under IC 10-14-3-12(c).

(c) The proclamation of a state of energy emergency by the governor upon the recommendation of the commission under subsection (a) is subject to:

(1) the time limitation set forth in IC 10-14-3-13(c); and

(2) approval by the general assembly under IC 10-14-3-13(d) with respect to a second or subsequent renewal of the proclamation.

Formerly: Acts 1913, c.76, s.122; Acts 1947, c.315, s.1. As amended by P.L.37-1989, SEC.3; P.L.1-1990, SEC.102; P.L.93-2024, SEC.65; P.L.36-2026, SEC.4.