Indiana § 8-1-2-61 - Complaint by utility; contents; notice; summary orders; public hearings; alternative pricing structures for retail energy service

§ 8-1-2-61. Complaint by utility; contents; notice; summary orders; public hearings; alternative pricing structures for retail energy service

Sec. 61. (a) Any public utility may make complaint as to any matter affecting its own rates or service. The petition or complaint must include a statement as to whether the utility, if a not-for-profit water utility or municipal utility, has any outstanding indebtedness to the federal government. The public utility shall publish a notice of the filing of such petition or complaint in a newspaper of general circulation published in any county in which the public utility renders service. An order affecting rates or service may be entered by the commission without a formal public hearing, if:

(1) the utility is a not-for-profit water utility or a municipal utility; and

(2) the utility has obtained written consent to obtain an order affecting its rates from the commission without a formal hearing from any agency of the federal government with which the utility has outstanding evidence of indebtedness to the federal government.

The commission may, however, on its own motion require a formal public hearing, and shall, upon a motion filed by the utility consumer counselor, by any public or municipal corporation, or by ten (10) individuals, firms, corporations, limited liability companies, or associations, or ten (10) complainants of all or any of these classes, hold a formal public hearing with respect to any such petition or complaint.

(b) In any general rate proceeding under subsection (a) which requires a public hearing and in which an increase in revenues is sought which exceeds the sum of two million five hundred thousand dollars ($2,500,000), the commission shall conduct at least one (1) public hearing in one (1) of the following, as determined by the commission:

(1) The largest municipality located within the utility's service area.

(2) The municipality containing the largest number of customers served by the utility.

(3) The county containing the largest number of customers served by the utility.

(c) In a proceeding brought by an energy utility (as defined in IC 8-1-2.5-2) under this section, the commission may approve:

(1) time-varying price structures and tariffs; or

(2) other alternative pricing structures and tariffs;

for retail energy service (as defined in IC 8-1-2.5-3), such as time-of-use or off-peak pricing, critical peak pricing, variable peak pricing, and real-time pricing.

Formerly: Acts 1913, c.76, s.64; Acts 1951, c.161, s.1; Acts 1963, c.187, s.1. As amended by Acts 1979, P.L.85, SEC.3; P.L.103-1983, SEC.3; P.L.8-1993, SEC.109; P.L.94-2022, SEC.2; P.L.87-2024, SEC.15.