Indiana Code 8-1-2.7-15.5. Policy review committee for a not-for-profit utility providing water service
(b) As used in this section, “committee” refers to a policy review committee established under this section.
Terms Used In Indiana Code 8-1-2.7-15.5
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- commission: refers to the Indiana utility regulatory commission. See Indiana Code 8-1-1-1
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Verified: when applied to pleadings, means supported by oath or affirmation in writing. See Indiana Code 1-1-4-5
(1) one hundred (100); or
(2) more than fifty percent (50%);
of the utility’s customers file, individually or collectively, with the utility’s board of directors, a verified petition under subsection (d) to establish the committee.
(d) A petition under this section must provide for the following:
(1) A procedure for establishing districts within the utility’s service territory and for electing members, who must be customers of the utility residing within the established districts, to serve as members of the committee.
(2) The terms of the members of the committee.
(3) Procedures by which the committee is authorized to do the following:
(A) Receive complaints from customers of the utility concerning:
(i) rules and policies established by the utility’s board of directors;
(ii) the utility’s rates and charges;
(iii) utility service quality; or
(iv) other matters concerning the utility’s operations, management, or service, as specifically set forth in the petition.
(B) Attempt to negotiate a resolution with the utility’s board of directors with respect to a complaint received under clause (A).
(C) Seek mediation to be overseen by the office of the attorney general with respect to complaints that are not resolved through negotiations described in clause (B).
(4) Other matters that the petitioners consider appropriate with respect to the utility’s operations, management, or service.
(e) The attorney general may adopt rules under IC 4-22-2, including emergency rules in the manner provided under IC 4-22-2-37.1, to implement this section.
As added by P.L.233-2017, SEC.10.