Indiana § 8-1-19-2 - Verified showing; hearing; order for receivership

§ 8-1-19-2. Verified showing; hearing; order for receivership

Sec. 2. If any telephone company shall violate any provision of law, or any rule or order of the commission or of any other lawful authority or shall fail to perform any duty imposed upon it by law or by any such rule or order, then, and in that event, in addition to all other remedies provided by law, the commission may, in a proper case, file a verified showing in any circuit court, superior court, or probate court in this state wherein is located the main or principal office or place of business of any telephone company, that such telephone company has failed, neglected, or refused to comply with such provision of law or with an order or requirement of said commission or other lawful authority and that the users of the telephone service furnished by such telephone company, or the public, will be damaged or injured by the continued noncompliance with such law, order or requirement, and that it would be to the interest of the public, that on ten (10) days notice to such telephone company the court should appoint a receiver to operate said telephone company and to render such service or to comply with such law, order, or requirement of the said commission or other lawful authority. Such court may, upon such showing, appoint a receiver for such purpose who shall thereupon qualify as other receivers are qualified and shall thereupon have and exercise the same rights and be subject to the same duties and obligations as now provided by law for public utilities. Such receivership shall be continued, until it is found by the court that said telephone company will, in all reasonable probability, comply in the future with all rules and orders applicable thereto. Such finding shall be entered only after hearing upon notice to the commission. In construing and enforcing the provisions of this section, the act, omission, or failure of any officer, agent, or other person acting for or employed by any public utility acting within the scope of the officer's, agent's, or person's employment shall in every case be deemed to be the act, omission, or failure of such public utility.

Formerly: Acts 1947, c.270, s.2. As amended by P.L.23-1988, SEC.57; P.L.84-2016, SEC.34.

IC 8-1-19.5Chapter 19.5. RepealedRepealed by P.L.73-2020, SEC.4.

IC 8-1-20Chapter 20. RepealedRepealed by Acts 1975, P.L.28, SEC.1.

IC 8-1-21Chapter 21. RepealedRepealed by Acts 1975, P.L.28, SEC.1.

IC 8-1-22Chapter 22. RepealedRepealed by Acts 1971, P.L.84, SEC.3.

IC 8-1-22.5Chapter 22.5. Gas Pipeline Safety

8-1-22.5-1Definitions 8-1-22.5-2Establishment of pipeline safety division of Indiana utility regulatory commission; subjects regulated 8-1-22.5-3Directors; personnel 8-1-22.5-4Powers and duties 8-1-22.5-5Waiver of standards 8-1-22.5-6Inspection of facilities; plans for inspection and maintenance; records; entry upon property 8-1-22.5-6.1Exception of report from disclosure 8-1-22.5-7Violations; civil penalties; public hearing 8-1-22.5-8Appeals, commission decision, ruling, or order 8-1-22.5-9Rules; procedure for adoption 8-1-22.5-10Notices and hearings 8-1-22.5-11Tort liability 8-1-22.5-12Action for violations

IC 8-1-22.5-1Definitions Sec. 1. As used in this chapter, unless otherwise provided:

(a) The term "gas" means natural gas, flammable gas, or gas which is toxic or corrosive.

(b) The term "transportation" means:

(1) the gathering, transmission, or distribution of gas, hazardous liquids, or carbon dioxide fluid by pipeline; or

(2) the storage of gas, hazardous liquids, or carbon dioxide fluids.

The term does not include the gathering of gas in those rural locations which lie outside the limits of any incorporated or unincorporated city, town, village, or any other designated residential or commercial area such as a subdivision, a business or shopping center, a community development, or any similar populated area which the commission may define as a nonrural area.

(c) The term "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.

(d) The term "pipeline facilities" means and includes, without limitation, new and existing pipelines, rights-of-way and any equipment, facility, or building used in:

(1) transportation; or

(2) the treatment of gas, hazardous liquids, or carbon dioxide fluid during the course of transportation.

The term excludes motor vehicles of all kinds and pipelines serving not less than ten (10) customers with petroleum gas from a common source.

(e) The term "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.

(f) The term "municipality" means a city, county, or any political subdivision of the state.

(g) The term "division" means the pipeline safety division to be established under this chapter.

(h) The term "maximum allowable operating pressure" means the maximum pressure at which a pipeline or a segment of a pipeline may be operated.

(i) The term "hazardous liquid" means petroleum, petroleum products, or anhydrous ammonia.

(j) The term "carbon dioxide fluid" means a fluid consisting of more than ninety percent (90%) carbon dioxide molecules compressed to a supercritical state.

Formerly: Acts 1971, P.L.84, SEC.1. As amended by P.L.23-1988, SEC.58; P.L.8-1993, SEC.128; P.L.118-2006, SEC.1.

IC 8-1-22.5-2Establishment of pipeline safety division of Indiana utility regulatory commission; subjects regulated Sec. 2. There is hereby established within the Commission a Pipeline Safety Division. The Division shall be charged with the regulation of:

(1) transportation; and

(2) related pipeline facilities and their operations;

in order to promote the public safety.

Formerly: Acts 1971, P.L.84, SEC.1. As amended by P.L.118-2006, SEC.2.

IC 8-1-22.5-3Directors; personnel Sec. 3. The Division shall be administered by a Director who shall be employed by, and shall be responsible to, the Commission and, who shall meet the job and personnel requirements of the State Department of Administration. The Director shall, with the approval of the Commission, employ a staff of competent full-time employees with professional and technical qualifications and ability. The Director, with approval of the Commission, may engage the services of qualified consultants as he deems appropriate.

Formerly: Acts 1971, P.L.84, SEC.1.

IC 8-1-22.5-4Powers and duties Sec. 4. The division, acting through the commission, shall:

(1) Administer and require compliance with federal safety standards applicable to transportation and related pipeline facilities established under the Natural Gas Pipeline Safety Act of 1968 and the Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. 60101 et seq.), and otherwise administer this chapter in such manner as may be required in order to maintain and continue in effect certification of the commission under 49 U.S.C. 60105.

(2) Establish, by rules and regulations of the commission, minimum state safety standards for transportation and related pipeline facilities. Such standards shall not be less stringent than the federal safety standards established under 49 U.S.C. 60101 et seq. and shall apply to the design, installation, inspection (including the taking possession of pipe and pipeline components), testing, construction, extension, operation, replacement, and maintenance of such pipeline facilities. Such new standards affecting the design, installation, construction, initial inspection, and initial testing shall not be applicable to pipeline facilities in existence prior to the date such standards are established. In establishing such standards, the following shall be considered:

(A) relevant available pipeline safety data;

(B) whether such standards are appropriate for the particular type of pipeline transportation;

(C) the reasonableness of any proposed standards;

(D) the extent to which such standards will contribute to public safety; and

(E) federal safety standards established under 49 U.S.C. 60101 et seq.

(3) Whenever a particular pipeline facility is found to be hazardous to human life or property, require, through the issuance of a hazardous condition order, the person who owns, operates, or leases such pipeline facility to take such action necessary to remove such hazards. Except in cases where immediate or extreme emergency is found to exist, such order shall not be issued until such person is afforded an opportunity to present the person's views and any facts bearing on the situation. In any event, unless such order is issued after notice and hearing, the person to whom such order is directed shall be entitled to prompt notice and hearing on the question as to whether such order shall be continued in effect.

(4) Review all incidents reported within the state involving accidents resulting in personal injury requiring hospitalization, death, or property damage in excess of fifty thousand dollars ($50,000), when the same is accompanied by an explosion, misapplication, and/or escapement of gas, hazardous liquid, or carbon dioxide fluid. Copies of any official report of the division shall be available for distribution to all interested persons, for the purpose of promoting pipeline safety.

(5) Keep itself informed as to research and development regarding pipeline safety.

Formerly: Acts 1971, P.L.84, SEC.1. As amended by P.L.59-1984, SEC.88; P.L.118-2006, SEC.3.

IC 8-1-22.5-5Waiver of standards Sec. 5. Upon application by any person who engages in transportation or who owns, operates, or leases pipeline facilities, the commission may, after notice and opportunity for public hearing, and under such terms and conditions and to such extent as the commission deems appropriate, issue an order waiving in whole or in part compliance with any standard or standards established under this chapter, if the commission determines that such waiver of compliance with such standard or standards is not inconsistent with pipeline safety. The commission shall state in such order its reasons for any such waiver and shall otherwise comply with the provisions of 49 U.S.C. 60101 et seq. with regard to such waiver.

Formerly: Acts 1971, P.L.84, SEC.1. As amended by P.L.118-2006, SEC.4.

IC 8-1-22.5-6Inspection of facilities; plans for inspection and maintenance; records; entry upon property Sec. 6. Any person who engages in transportation or who owns, operates, or leases pipeline facilities shall:

(a) Comply with this chapter and all safety standards established pursuant to this chapter.

(b) Inspect such pipeline facilities and report the findings to the division as prescribed by standards established pursuant to this chapter.

(c) File with the division a plan for operation and maintenance of such pipeline facilities owned, operated, or leased by such person, and any change in such plan, as prescribed by rules established pursuant to this chapter. Such plan shall be subject to approval by the division, and if at any time such plan is determined by the division to be inadequate to achieve safe operation, upon recommendation by the director, the commission shall, after notice and opportunity for public hearing, order the plan revised. Any plan required under this chapter shall be practicable and designed to meet the need for pipeline safety.

(d) Establish and maintain such records, make such reports, and provide such information as the division, acting through the commission, may reasonably require to enable it to determine whether such person has acted or is acting in compliance with this chapter and the standards established under this chapter.

Each person upon request of an authorized representative of the division shall permit such representative access and entry for the purpose of inspection of such pipeline facilities, and inspection of books, papers, records, and documents (including the right to copy the same) as is reasonably necessary in order to determine whether such person has acted or is acting in compliance with this chapter and the standards established pursuant to this chapter.

Formerly: Acts 1971, P.L.84, SEC.1. As amended by P.L.59-1984, SEC.89; P.L.118-2006, SEC.5.

IC 8-1-22.5-6.1Exception of report from disclosure Sec. 6.1. (a) If the commission or division determines that a report or part of a report filed under this chapter is confidential under IC 5-14-3-4(a), the report or part of the report shall be excepted from disclosure under IC 5-14-3-3 as provided in IC 5-14-3-4(a).

(b) If the commission or division determines under IC 5-14-3-4(b)(19) that the disclosure of a report or part of a report filed under this chapter has a reasonable likelihood of threatening public safety by exposing a vulnerability to terrorist attack, the commission or division may except the report or part of the report from disclosure under IC 5-14-3-3 as provided in IC 5-14-3-4(b).

As added by P.L.118-2006, SEC.6.

IC 8-1-22.5-7Violations; civil penalties; public hearing Sec. 7. (a) A person who is engaged in transportation or owns, operates, or leases pipeline facilities who violates any provision of this chapter or any regulations issued pursuant to this chapter, is subject to a civil penalty not to exceed two hundred thousand dollars ($200,000) for each violation for each day that the violation persists. However, the maximum civil penalty may not exceed two million dollars ($2,000,000) for any related series of violations.

(b) The commission may, after notice and opportunity for public hearing, impose a civil penalty not to exceed the amount specified in subsection (a) against a person who violates this chapter or any rules issued pursuant to this chapter, and may compromise and collect the penalties which are payable to the state as otherwise provided by law. However, a penalty may not be assessed or collected for any violation for which the person has been found liable under 49 U.S.C. 60101 et seq.

Formerly: Acts 1971, P.L.84, SEC.1. As amended by P.L.69-1990, SEC.1; P.L.118-2006, SEC.7; P.L.9-2025, SEC.10.

IC 8-1-22.5-8Appeals, commission decision, ruling, or order Sec. 8. Any person adversely affected by any final decision, ruling, or order of the commission pursuant to this chapter may appeal such decision, ruling, or order. Any such appeal shall be taken in the manner provided for appeals from any final decision, ruling, or order of the commission as provided in IC 8-1-3.

Formerly: Acts 1971, P.L.84, SEC.1. As amended by P.L.59-1984, SEC.90.

IC 8-1-22.5-9Rules; procedure for adoption Sec. 9. All rules, including any safety standards, adopted by the commission under this chapter shall be adopted in accordance with the provisions of IC 4-22-2.

Formerly: Acts 1971, P.L.84, SEC.1. As amended by P.L.59-1984, SEC.91.

IC 8-1-22.5-10Notices and hearings Sec. 10. Whenever in this chapter it is provided that the Commission shall take any action or issue any order "upon notice and after opportunity for public hearing" such notice shall be given as provided in IC 8-1-1-8 and such hearing shall be held and conducted in the manner as prescribed by IC 8-1-2-54 through IC 8-1-2-72.

Formerly: Acts 1971, P.L.84, SEC.1. As amended by P.L.86-2018, SEC.140.

IC 8-1-22.5-11Tort liability Sec. 11. Nothing in this chapter shall affect the common law or statutory tort liability of any person.

Formerly: Acts 1971, P.L.84, SEC.1.

IC 8-1-22.5-12Action for violations Sec. 12. The court of appeals or such other court as may be empowered by law (or by rules of the supreme court) has jurisdiction to enjoin preliminarily or permanently any violation of this chapter, or any standards established pursuant to this chapter, determined by a final order issued by the commission, after notice and opportunity for public hearing as provided in this chapter. Such action may be brought by the attorney general in the name of the state upon certification by the commission of the complete record of such proceedings.

Formerly: Acts 1971, P.L.84, SEC.1. As amended by P.L.3-1989, SEC.58.

IC 8-1-22.6Chapter 22.6. Pipeline Construction Guidelines

8-1-22.6-1Application 8-1-22.6-2"Affected landowner" 8-1-22.6-3"Construction" 8-1-22.6-4"Division" 8-1-22.6-5"Guidelines" 8-1-22.6-6"Pipeline" 8-1-22.6-7"Pipeline company" 8-1-22.6-8Division to establish nonbinding guidelines; use in simplifying easement negotiations 8-1-22.6-9Actions indicating intent to construct pipeline; notice of guidelines to pipeline company; time of mailing 8-1-22.6-10List of affected landowners; notice to affected landowners; time of mailing 8-1-22.6-11Use of guidelines in negotiations with state agencies; statement of agreement to use guidelines 8-1-22.6-12Division to designate project coordinators; duties of coordinators 8-1-22.6-13Information on commission's website; updating of information

IC 8-1-22.6-1Application Sec. 1. (a) This chapter applies to the construction of any segment of an interstate pipeline on privately owned land in Indiana.

(b) Except as otherwise provided in the guidelines adopted by the division, this chapter does not apply to construction activities that occur entirely on:

(1) a public right-of-way;

(2) a railroad right-of-way; or

(3) publicly owned land.

As added by P.L.110-2007, SEC.1.

IC 8-1-22.6-2"Affected landowner" Sec. 2. As used in this chapter, "affected landowner" means an owner of an interest in property that:

(1) is located in Indiana; and

(2) meets one (1) or more of the conditions set forth in 18 CFR 157.6(d)(2).

As added by P.L.110-2007, SEC.1.

IC 8-1-22.6-3"Construction" Sec. 3. (a) As used in this chapter, "construction" means the physical work involved in the construction, reconstruction, improvement, maintenance, or extension of a pipeline project.

(b) The term includes the following:

(1) The preparation of the construction site.

(2) Disassembling and removing a structure.

(3) Related work.

As added by P.L.110-2007, SEC.1.

IC 8-1-22.6-4"Division" Sec. 4. As used in this chapter, "division" refers to the pipeline safety division of the Indiana utility regulatory commission established by IC 8-1-22.5-2.

As added by P.L.110-2007, SEC.1.

IC 8-1-22.6-5"Guidelines" Sec. 5. As used in this chapter, "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.

As added by P.L.110-2007, SEC.1.

IC 8-1-22.6-6"Pipeline" Sec. 6. As used in this chapter, "pipeline" means a pipeline (as defined in IC 8-1-22.5-1(c)) that crosses or is located in:

(1) Indiana; and

(2) one (1) or more other states.

As added by P.L.110-2007, SEC.1.

IC 8-1-22.6-7"Pipeline company" Sec. 7. (a) As used in this chapter, "pipeline company" means a person (as defined in IC 8-1-22.5-1(e)) that:

(1) constructs; or

(2) proposes to construct;

a pipeline.

(b) The term includes any:

(1) employee;

(2) agent;

(3) contractor;

(4) subcontractor; or

(5) other person;

that is employed by, or acts on behalf of, a pipeline company.

As added by P.L.110-2007, SEC.1.

IC 8-1-22.6-8Division to establish nonbinding guidelines; use in simplifying easement negotiations Sec. 8. (a) The division shall establish 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.

(b) Guidelines adopted by the division are not binding on any pipeline company or affected landowner but may be used by a pipeline company or an affected landowner to simplify negotiations involved in establishing a price for any:

(1) easement; or

(2) other interest in land;

needed by the pipeline company to construct a pipeline.

As added by P.L.110-2007, SEC.1.

IC 8-1-22.6-9Actions indicating intent to construct pipeline; notice of guidelines to pipeline company; time of mailing Sec. 9. (a) For purposes of this section, a pipeline company proposes to construct a pipeline in Indiana if it does any of the following:

(1) Files an application for a certificate of public convenience and necessity with the Federal Energy Regulatory Commission.

(2) Undertakes:

(A) environmental, engineering, or cultural surveys; or

(B) other studies or surveys;

in Indiana in preparation for filing an application described in subdivision (1).

(3) Holds public meetings or hearings in Indiana concerning a proposed pipeline.

(4) Enters upon land in Indiana for the purpose of determining the route or location of a proposed pipeline.

(5) Contacts landowners in Indiana for the purpose of negotiating the price for:

(A) easements; or

(B) other interests in land;

necessary for the construction of a pipeline.

(6) Undertakes other actions in preparation for the construction of a pipeline.

(b) The division shall send, by certified mail, the following to each pipeline company that proposes to construct a pipeline in Indiana:

(1) A copy of the guidelines adopted by the division.

(2) A notice that includes the following:

(A) A statement that the division has adopted the pipeline construction guidelines included with the notice.

(B) A statement indicating:

(i) that the pipeline construction guidelines have been mailed to all affected landowners on the list provided by the pipeline company under section 10 of this chapter; and

(ii) that the division has encouraged the affected landowners to agree to the guidelines in any negotiations for easements or other land interests with the pipeline company.

(c) The division shall mail the guidelines and notice in accordance with subsection (b):

(1) as soon as the division learns of the proposed pipeline as a result of the pipeline company performing one (1) or more actions described in subsection (a); or

(2) not later than three (3) business days after the Federal Energy Regulatory Commission provides notice under 18 CFR 157.9(a) of the pipeline company's application for a certificate of territorial authority;

whichever occurs earlier.

As added by P.L.110-2007, SEC.1.

IC 8-1-22.6-10List of affected landowners; notice to affected landowners; time of mailing Sec. 10. (a) The pipeline company shall provide the division with a list of landowners that will be affected by the proposed construction of a pipeline or a segment of a pipeline in Indiana. The list must include all affected landowners that the pipeline company must provide notice to under IC 32-24-1-3(g).

(b) The division shall send, by certified mail, the following to each affected landowner:

(1) A copy of, or reference to, the guidelines adopted by the division.

(2) A notice that includes the following:

(A) A statement that the division has adopted the pipeline construction guidelines included with, or referenced in, the notice.

(B) A statement indicating that the pipeline construction guidelines have been mailed to the pipeline company. The statement required by this clause must specify a date after which the affected landowner may contact a toll free telephone number established by the division to provide information on the status of any construction guidelines agreed to by the pipeline company.

(C) A statement indicating that any guidelines agreed to by the pipeline company shall not be binding on the pipeline company or affected landowners but may be used by the pipeline company and an individual landowner to simplify negotiations involved in establishing a price for any:

(i) easement; or

(ii) other interest in land;

needed by the pipeline company to construct the pipeline.

(D) A statement encouraging the affected landowner to agree to any construction guidelines that the pipeline company agrees to follow, to the extent that the landowner determines that the guidelines are not contrary to the landowner's best interests.

(E) A statement including:

(i) contact information for the one (1) or more project coordinators designated by the division under section 12 of this chapter;

(ii) contact information for the Federal Energy Regulatory Commission, including a local or toll free telephone number; and

(iii) the commission's website address.

(c) The division shall mail the information required under subsection (b) not later than twenty (20) days after the division is notified by the pipeline company of the proposed route and is provided with a list of the affected landowners as required by subsection (a).

As added by P.L.110-2007, SEC.1. Amended by P.L.1-2025, SEC.118.

IC 8-1-22.6-11Use of guidelines in negotiations with state agencies; statement of agreement to use guidelines Sec. 11. The division shall encourage pipeline companies to use the guidelines as a starting point for any negotiations with the various state agencies identified in the guidelines. The division may require a pipeline company proposing to construct a pipeline or a segment of a pipeline to sign a statement indicating whether or not the pipeline company agrees to use the guidelines for the project.

As added by P.L.110-2007, SEC.1.

IC 8-1-22.6-12Division to designate project coordinators; duties of coordinators Sec. 12. For each proposed or ongoing pipeline project in Indiana, the director of the division shall designate one (1) or more employees of the division to serve as project coordinators for the division. The director shall ensure that one (1) or more of the coordinators designated under this section are responsible for the following duties concerning the project:

(1) Monitoring all:

(A) filings with; and

(B) proceedings before;

the Federal Energy Regulatory Commission.

(2) Attending all public hearings or meetings concerning the project that are held in Indiana.

(3) Receiving and responding to questions and complaints about the project from Indiana residents.

(4) Updating the information required to be made available on the commission's website under section 13 of this chapter.

(5) Any other duties assigned by the director of the division.

As added by P.L.110-2007, SEC.1. Amended by P.L.1-2025, SEC.119.

IC 8-1-22.6-13Information on commission's website; updating of information Sec. 13. (a) The division shall make the following available on the commission's website:

(1) A link to the guidelines adopted by the division.

(2) For each proposed or ongoing pipeline construction project in Indiana, the following information:

(A) A description of the pipeline company and the pipeline project, including:

(i) the pipeline's location, purpose, and construction schedule; and

(ii) the docket number assigned to the project by the Federal Energy Regulatory Commission.

(B) Contact information for the pipeline company, including a local or toll free telephone number.

(C) Contact information for the Federal Energy Regulatory Commission, including a local or toll free telephone number.

(D) Contact information for the one (1) or more project coordinators designated under section 12 of this chapter to receive and respond to questions and complaints from Indiana residents.

(E) Information on public hearings or meetings that are scheduled in connection with the pipeline project.

(F) Other information concerning the pipeline project that the division considers relevant or of likely concern to Indiana residents.

(b) The division shall update the information required under subsection (a)(1) whenever:

(1) one (1) or more guidelines adopted by the division are revised or superseded by the division; or

(2) one (1) or more new guidelines are adopted by the division.

(c) The division shall update the information required under subsection (a)(2) on a regular basis throughout the course of a pipeline project. The division shall ensure that all information on the division's website concerning a pipeline project is accurate, current, and accessible. The director of the division shall assign the responsibility of complying with this subsection to one (1) or more project coordinators designated under section 12 of this chapter.

As added by P.L.110-2007, SEC.1. Amended by P.L.1-2025, SEC.120.

IC 8-1-23Chapter 23. Gas Pipelines─County Roads

8-1-23-1Roadway obstructions or interruptions; detours 8-1-23-2Permits; temporary highway obstruction 8-1-23-3Construction contracts 8-1-23-4"Person" 8-1-23-5Violations