Section 170IAC1-7-3. Time frames and procedures

   (a) Under this rule, one hundred twenty (120) days:

(1) is the statutory amount of time for the commission to make its determination or the stay of the ordinance is automatically lifted; and

(2) commences as of the date a petition is filed.

  (b) A petition filed under this rule must be filed within fourteen (14) days after the municipality has passed the ordinance setting different rates and charges for users within and outside the municipal boundaries.

  (c) Within ten (10) days after a petition is filed under this rule, the municipality must file its case in support of the rate differential, which may include:

(1) testimony;

(2) revenue requirements;

(3) cost of service studies;

(4) related work papers; and

(5) other documentation or analysis relied upon when approving the ordinance;

that supports the rates and charges imposed on the customers and that would assist the utility in meeting its burden of proof as required by IC 8-1.5-3-8.3.

  (d) Filings to the commission under this rule shall also be served the same day upon the following:

(1) The OUCC.

(2) The municipality.

(3) A party to the proceeding.

  (e) Within forty (40) days of the date the municipality has filed its case in support of the rate differential with the commission, the following may file its response, including work papers, with the commission:

(1) The OUCC.

(2) A party to the proceeding.

  (f) Within fifteen (15) days after the response is filed with the commission, the municipality may file its rebuttal.

  (g) To the extent appropriate and pursuant to the statutory time limitation, the commission procedures in 170 IAC 1-1.1 shall be used for proceedings under this rule. (Indiana Utility Regulatory Commission; 170 IAC 1-7-3; filed Nov 21, 2012, 7:10 a.m.: 20121219-IR-170120442FRA)