Sec. 121. (a) Notwithstanding any other provision of law, from December 1 through March 15 of any year, no electric or gas utility, including a municipally owned, privately owned, or cooperatively owned utility, shall terminate residential electric or gas service for persons who are eligible for and have applied for assistance from a heating assistance program administered under IC 4-4-33. The commission shall implement procedures to ensure that electric or gas utility service is continued while eligibility for such persons is being determined.
(b) Any electric or gas utility, including a municipally owned, privately owned, or cooperatively owned utility, shall provide any residential customer whose account is delinquent an opportunity to enter into a reasonable amortization agreement with such company to pay the delinquent account. Such an amortization agreement must provide the customer with adequate opportunity to apply for and receive the benefits of any available public assistance program. An amortization agreement is subject to amendment on the customer's request if there is a change in the customer's financial circumstances.
(c) The commission may establish a reasonable rate of interest which a utility may charge on the unpaid balance of a customer's delinquent bill that may not exceed the rate established by the commission under section 34.5 of this chapter.
(d) The commission shall adopt rules under IC 4-22-2 to carry out the provisions of this section.
(e) This section does not prohibit an electric or gas utility from terminating residential utility service upon a request of a customer or under the following circumstances:
(1) If a condition dangerous or hazardous to life, physical safety, or property exists.
(2) Upon order by any court, the commission, or other duly authorized public authority.
(3) If fraudulent or unauthorized use of electricity or gas is detected and the utility has reasonable grounds to believe the affected customer is responsible for such use.
(4) If the utility's regulating or measuring equipment has been tampered with and the utility has reasonable grounds to believe that the affected customer is responsible for such tampering.
As added by P.L.43-1983, SEC.10. Amended by P.L.41-1987, SEC.6; P.L.2-1992, SEC.78; P.L.181-2006, SEC.48.
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