Sec. 92. (a) Every license, permit, or franchise granted after April 30, 1913, to any public utility shall have the effect of an indeterminate permit subject to the provisions of this chapter, and subject to the provisions that:
(1) the license, franchise, or permit may be revoked by the commission for cause; or
(2) except as provided in IC 8-1-30-6, the municipality may purchase or condemn the property as provided in IC 8-1.5-2, IC 36-9-23, or IC 36-9-25, as applicable.
A municipality that is authorized to purchase property and a public utility that is required to sell the property under subdivision (2) shall do so at the value and according to the terms and conditions as provided in IC 8-1.5-2, IC 36-9-23, or IC 36-9-25, as applicable.
(b) If this chapter should be repealed or annulled, then all such indeterminate franchises, permits, or grants shall cease and become inoperative, and in place thereof such utility shall be reinstated in the possession and enjoyment of the license, permit, or franchise surrendered by such utility at the time of the issue of the indeterminate franchise, permit, or grant; but in no event shall such reinstated license, permit, or franchise be terminated within a less period than five (5) years from the date of the repeal or annulment of this chapter.
Formerly: Acts 1913, c.76, s.100; Acts 1933, c.190, s.11. As amended by P.L.59-1984, SEC.40; P.L.172-2009, SEC.1; P.L.270-2013, 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