Sec. 1. (a) Except as provided in section 1.1 of this chapter, "public utility", as used in this chapter, means every corporation, company, partnership, limited liability company, individual, association of individuals, their lessees, trustees, or receivers appointed by a court, that may own, operate, manage, or control any plant or equipment within the state for the:
(1) conveyance of telegraph or telephone messages;
(2) production, transmission, delivery, or furnishing of heat, light, water, or power; or
(3) collection, treatment, purification, and disposal in a sanitary manner of liquid and solid waste, sewage, night soil, and industrial waste.
The term does not include a municipality that may acquire, own, or operate any of the foregoing facilities.
(b) "Municipal council", as used in this chapter, means the legislative body of any town or city in Indiana wherein the property of the public utility or any part thereof is located.
(c) "Municipality", as used in this chapter, means any city or town of Indiana.
(d) "Rate", as used in this chapter, means every individual or joint rate, fare, toll, charge, rental, or other compensation of any utility or any two (2) or more such individual or joint rates, fares, tolls, charges, rentals, or other compensation of any utility or any schedule or tariff thereof, but nothing in this subsection shall give the commission any control, jurisdiction, or authority over the rate charged by a municipally owned utility except as in this chapter expressly provided.
(e) "Service" is used in this chapter in its broadest and most inclusive sense and includes not only the use or accommodation afforded consumers or patrons but also any product or commodity furnished by any public or other utility and the plant, equipment, apparatus, appliances, property, and facility employed by any public or other utility in performing any service or in furnishing any product or commodity and devoted to the purposes in which such public or other utility is engaged and to the use and accommodation of the public.
(f) "Commission", as used in this chapter, means the commission created by IC 8-1-1-2.
(g) "Utility", as used in this chapter, means every plant or equipment within the state used for:
(1) the conveyance of telegraph and telephone messages;
(2) the production, transmission, delivery, or furnishing of heat, light, water, or power, either directly or indirectly to the public; or
(3) collection, treatment, purification, and disposal in a sanitary manner of liquid and solid waste, sewage, night soil, and industrial waste.
The term does not include a municipality that may acquire, own, or operate facilities for the collection, treatment, purification, and disposal in a sanitary manner of liquid and solid waste, sewage, night soil, and industrial waste. A warehouse owned or operated by any person, firm, limited liability company, or corporation engaged in the business of operating a warehouse business for the storage of used household goods is not a public utility within the meaning of this chapter.
(h) "Municipally owned utility", as used in this chapter, includes every utility owned or operated by a municipality.
(i) "Indeterminate permit", as used in this chapter, means every grant, directly or indirectly from the state, to any corporation, company, partnership, limited liability company, individual, association of individuals, their lessees, trustees, or receivers appointed by a court, of power, right, or privilege to own, operate, manage, or control any plant or equipment, or any part of a plant or equipment, within this state, for the:
(1) production, transmission, delivery, or furnishing of heat, light, water, or power, either directly or indirectly to or for the public;
(2) collection, treatment, purification, and disposal in a sanitary manner of liquid and solid waste, sewage, night soil, and industrial waste; or
(3) furnishing of facilities for the transmission of intelligence by electricity between points within this state;
which shall continue in force until such time as the municipality shall exercise its right to purchase, condemn, or otherwise acquire the property of such public utility, as provided in this chapter, or until it shall be otherwise terminated according to law.
(j) "Communications service provider", as used in this chapter, has the meaning set forth in IC 8-1-2.6-13.
Formerly: Acts 1913, c.76, s.1a; Acts 1955, c.37, s.1; Acts 1957, c.313, s.1. As amended by P.L.59-1984, SEC.8; P.L.384-1987(ss), SEC.5; P.L.8-1989, SEC.38; P.L.8-1993, SEC.105; P.L.91-1995, SEC.2; P.L.27-2006, SEC.3; P.L.145-2015, SEC.1.
Structure Indiana Code
Title 8. Utilities and Transportation
Article 1. Utilities Generally
8-1-2-0.3. Effective Date of Certain Amendments Made to Section 103 of This Chapter
8-1-2-2. Legal Counsel for Commission
8-1-2-4. Services to Public; Rates and Charges
8-1-2-4.2. Rate Adjustment Reflecting Repeal of Utility Receipts Tax; Notice to Affected Customers
8-1-2-5. Joint Use of Facilities; Failure of Parties to Agree; Resolution by Commission
8-1-2-6. Valuation of Property
8-1-2-6.7. Depreciation of Clean Coal Technology
8-1-2-7. Valuation of Property; Hearings
8-1-2-8. Valuation of Property; Expenses; Orders
8-1-2-9. Valuation of Property; Revaluation
8-1-2-11. Accounts and Accounting; Other Subsidiary Business
8-1-2-12. Books, Accounts, Papers, and Records
8-1-2-13. Forms; Conduct of Business
8-1-2-14. Books, Accounts, Papers, or Records; Approval of System
8-1-2-15. Books, Accounts, Papers, or Records; Removal From State; Directors; Residence
8-1-2-16. Accounts; Closing Date; Filing With Commission
8-1-2-17. Accounts; Examination and Audit
8-1-2-18. Books, Accounts, Papers, Records, and Memoranda; Inspection and Examination
8-1-2-19. Depreciation Account
8-1-2-20. Depreciation Account; Rules, Regulations, and Forms
8-1-2-21. Depreciation; Rates, Tolls, and Charges
8-1-2-22. Depreciation Fund; Management
8-1-2-23. Construction Accounts; Additions or Extension; Approval by Commission
8-1-2-25. Rates and Charges; Rules and Regulations Involving Changes
8-1-2-26. Financial Statements and Accounts
8-1-2-32. Standard Commercial Units of Product or Service
8-1-2-33. Standard Measurements for Units of Product or Service
8-1-2-34. Meters and Measuring Appliances; Specifications and Standards
8-1-2-34.5. Customer Service; Determination of Complaints
8-1-2-35. Meters and Measuring Appliances; Testing
8-1-2-36. Meters and Measuring Instruments; Purchase by Commission for Examinations and Tests
8-1-2-36.5. Installation of Submetering Equipment for Individual Units; Adoption of Rules
8-1-2-37. Entry on Property; Testing Meters and Measuring Instruments
8-1-2-38. Filing Schedule of Rates and Charges
8-1-2-39. Filing Schedule of Rates and Charges; Rules and Regulations to Accompany
8-1-2-40. Copies of Schedule; Public Inspection
8-1-2-41. Schedule of Joint Rates and Charges; Printing
8-1-2-42. Changes in Schedules
8-1-2-42.1. Cost Recovery; Substitute Natural Gas Contracts
8-1-2-42.3. Calculation of Relevant Period; Determination of Reduction; Exception
8-1-2-43. New Schedules; Filing
8-1-2-44. Overcharges and Undercharges
8-1-2-45. Rate Schedules; Changes in Form
8-1-2-46.1. Classification of Service; Rate for Furnishing Traction Power
8-1-2-47. Inspections; Tests; Audits and Investigations; Rules and Regulations
8-1-2-49. Inspection of Books and Records; Affiliated Interests; Jurisdiction; Annual Reports
8-1-2-50. Compelling Production of Books, Papers, and Records; Offenses
8-1-2-51. Investigations; Commission
8-1-2-52. Information; Submission to Commission
8-1-2-53. Information; Furnishing to Commission
8-1-2-54. Complaints Against Utilities; Hearing
8-1-2-54.1. Actions for Mandate to Compel Hearing or Issuance of Orders
8-1-2-55. Complaints Against Utilities; Notice to Utilities
8-1-2-56. Complaints; Notice to Public Utility and Complainant
8-1-2-57. Complaints Against Utilities; Separate Hearings
8-1-2-58. Complaints Against Utilities; Investigations
8-1-2-59. Complaints Against Utilities; Investigations; Hearing
8-1-2-60. Complaints Against Utilities; Hearings; Decision and Order
8-1-2-61.5. Rate Orders; Formal Public Hearing; Adoption of Rules
8-1-2-61.6. Small Water Utilities; Changes in Wholesale Rates; Notice to Purchaser; Rate Relief
8-1-2-61.7. Petition for Review of Rates and Charges for Wholesale Sewage Service Contracts
8-1-2-61.8. "Rental Unit Community"
8-1-2-62. Evidence; Compelling Production; Witnesses; Compelling Attendance
8-1-2-64. Witnesses; Depositions
8-1-2-65. Record of Investigations
8-1-2-66. Investigations; Transcript of Evidence; Admissibility
8-1-2-67. Investigations; Transcript of Evidence; Copy
8-1-2-68. Rates and Charges; Order Fixing
8-1-2-69. Complaints Against Utilities; Orders of Commission
8-1-2-70. Expenses of Investigations
8-1-2-71. Rate Schedules; Changes
8-1-2-72. Orders; Rescission; Modification
8-1-2-73. Burden of Proof; Proceedings Against Utilities
8-1-2-74. Investigations; Self-Incrimination
8-1-2-75. Orders of Commission; Distribution of Copies
8-1-2-77. Stock; Consideration; Discount or Premium
8-1-2-78. Stocks, Bonds, Commercial Paper, and Other Evidences of Indebtedness; Authority to Issue
8-1-2-79. Securities; Issuance; Approval; Fraud; Offense
8-1-2-82. Franchise; Sale; Transfer; Assignment or Encumbrance
8-1-2-83. Franchises; Sale; Transfer; Assignment or Encumbrance; Special Rate Contracts
8-1-2-84. Merger or Consolidation; Acquisition, Lease, Sale, or Encumbrance of Property
8-1-2-85. Municipally Owned Utilities; Securities; Fee for Issuance
8-1-2-86. Second Utility Serving Same Area; Declaration of Public Convenience and Necessity
8-1-2-87. Gas Utilities; Necessity Certificates; Requirements
8-1-2-87.7. Gas Utilities; Tariffs; Reasonableness Factors
8-1-2-88.6. Access Charges for Interconnection to Local Exchange Facilities
8-1-2-91. Grant of Licenses, Permits, or Franchises; State Corporations or Citizens
8-1-2-92. Indeterminate Licenses, Permits, or Franchises; Purchase or Condemnation by Municipality
8-1-2-93. Acceptance of Indeterminate Licenses, Permits, or Franchises; Effect
8-1-2-95.1. Electric Utilities; Eminent Domain Against Electric Utility Property Prohibited
8-1-2-101. Municipal Regulations; County Executive's Power; Relocation of Facilities
8-1-2-104. Rates and Charges; Undercharges by Furnishing Facilities to Utility Prohibited; Exception
8-1-2-105. Rates and Charges; Discrimination; Penalty; Exceptions
8-1-2-106. Rates and Charges; Undercharges by Rebates or Concessions Prohibited; Offense
8-1-2-107. Damages; Loss or Injury Caused by Violation
8-1-2-108. Officers and Employees; Violations; Municipally Owned Utilities; Annual Reports
8-1-2-109. General Penalty Provision
8-1-2-112. Continuing Acts as Separate Offenses
8-1-2-113. Emergency Alteration, Amendment, or Suspension of Rates or Services
8-1-2-114. Accidents, Investigation, and Report
8-1-2-115. Enforcement of Law; Recovery of Forfeitures or Penalties
8-1-2-116. Orders and Decisions; Compliance
8-1-2-117. Rates, Penalties, or Forfeitures; Recovery Action
8-1-2-118. Public Service Commission; Traveling Expenses and per Diem
8-1-2-121. Termination of Residential Electric or Gas Service
8-1-2-122. Notice of Termination of Service; Requisites
8-1-2-126. Electrical Power Generated Outside the United States
8-1-2-127. Customer Billing; Indication of Amount of Federal Energy Tax