Sec. 11. (a) Whenever the members or shareholders of a utility desire to return to commission jurisdiction, they must petition the commission. A petition signed by:
(1) at least fifteen percent (15%) of the members or shareholders; or
(2) the board of directors of the utility;
must first be submitted to the commission, informing that body of the utility's intent to conduct a referendum concerning the return to commission jurisdiction. The procedures outlined in sections 2 through 7 of this chapter must be followed when conducting a referendum under this section, except that the form of the ballots must be as follows:
[] YES, I want to return to the jurisdiction of the commission.
[] NO, I want to remain outside of the jurisdiction of the commission.
(b) The question of returning to commission jurisdiction may not be submitted to the members or shareholders within four (4) years after the date the utility withdrew from commission jurisdiction.
As added by P.L.108-1989, SEC.1. Amended by P.L.80-1997, SEC.14; P.L.82-1997, SEC.14; P.L.159-1999, SEC.13.
Structure Indiana Code
Title 8. Utilities and Transportation
Article 1. Utilities Generally
Chapter 2.7. Local Water Corporations; Indiana Utility Regulatory Commission Jurisdiction
8-1-2.7-1.3. Applicability of Chapter
8-1-2.7-1.4. "Members" and "Shareholders" Defined
8-1-2.7-1.6. "Sewage Treatment Provider" Defined
8-1-2.7-2. Withdrawal of Utility From Commission Jurisdiction
8-1-2.7-3. Approval for Withdrawal
8-1-2.7-4. Referendum on Withdrawal
8-1-2.7-5. Notice of Special Meeting for Referendum
8-1-2.7-7. Ballots; Form; Eligible Voters; Results
8-1-2.7-9. Effect of Withdrawal
8-1-2.7-10. Confirmation of Withdrawal
8-1-2.7-11. Petition to Return to Commission Jurisdiction; Referendum; Ballot Form
8-1-2.7-12. Return to Commission Jurisdiction
8-1-2.7-13. Confirmation of Return to Commission Jurisdiction
8-1-2.7-14. Annual Reports of Utility Before Return to Commission Jurisdiction
8-1-2.7-15. Revocation or Limitation of Withdrawal From Commission Jurisdiction
8-1-2.7-15.5. Policy Review Committee for a Not-for-Profit Utility Providing Water Service