Section 170IAC1-7-4. Petitions and notice requirements  


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  •    (a) At the time that the municipality files its petition, it shall provide notice to the customers by providing the following information:

    (1) The municipality has filed a petition under this rule.

    (2) The date the petition was filed.

    (3) How the customer can obtain a copy of the petition.

    (4) The deadline by which the customer may respond to the petition as set forth in section 3(e) of this rule.

    (5) A statement that the customer may also contact the commission concerning a complaint.

    (6) Contact information for the commission.

      (b) Notice to customers under this section must be sent by U.S. mail on the date the petition is filed.

      (c) Petitions shall be submitted in substantial compliance with the following forms:

    (1) Form A Sample Customers' Petition:

    Form A Sample Customers' Petition

     

     

     

    STATE OF INDIANA

    INDIANA UTILITY REGULATORY COMMISSION

     

     

     

    PETITION FOR COMMISSION REVIEW

    )

     

    AND ADJUSTMENT, IF NECESSARY,

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    OF RATE AND CHARGE DIFFERENCE

    )

     

    BETWEEN PROPERTY WITHIN AND

    )

    CAUSE NO.

    PROPERTY OUTSIDE THE CORPORATE

    )

     

    BOUNDARIES OF ___________________

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    (MUNICIPALITY)

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    Pursuant to IC 8-1.5-3-8.3(d) and IC 8-1.5-3-8.3(e), Petitioners, ______________________, users of the works whose property is located outside the corporate boundaries of __________________ (Municipality) ("Customers") by counsel, respectfully petition the Indiana Utility Regulatory Commission ("Commission") to review and adjust, if necessary, the rates and charges imposed on property outside the corporate boundaries of _______________________ (Municipality). In support of its Petition, Petitioners state:

     

     

     

     

     

    1.

    On ____________ (date), ______________ (Municipality) adopted an ordinance under IC 8-1.5-3-8.1 which imposed rates and charges on users of the works for service to property located outside the corporate boundaries of _____________ (Municipality) that exceed the rates and charges imposed on users of the works for service to property located within the municipality's corporate boundaries by more than fifteen percent (15%). Attached as "Exhibit A" is a copy of the ordinance.

     

     

     

     

     

    2.

    Under IC 8-1.5-3-8.3(d) and IC 8-1.5-3-8.3(e), either or both the municipality, or the lesser of ten percent (10%) of all or twenty-five (25) of the users of the works whose property is located outside the corporate boundaries of the municipality may petition the Commission to review the percentage difference between the rates and charges in order to determine whether the difference is nondiscriminatory, reasonable, and just.

     

     

     

     

     

    3.

    In accordance with IC 8-1.5-3-8.3(d)(2) or IC 8-1.5-3-8.3(e)(2) this petition is brought by _____ percent (___ %) of all or ______ # of the users of the works whose property is located outside the corporate boundaries of _________________ (Municipality).

     

     

     

     

     

    4.

    The percentage difference between the rates and charges imposed on users of the works for service to property located outside the corporate boundaries of the municipality and to property located within the corporate boundaries is ___________________.

     

     

     

     

     

    5.

    The rate differential between the property located outside and inside corporate boundaries is discriminatory, unreasonable or unjust because ____________________.

     

     

     

     

     

    6.

    To the extent the petitioner seeks specific relief, indicate how the rates and charges in the ordinance should be adjusted: _____________________________.

     

     

     

     

     

    7.

    Other facts or information petitioner believes to be relevant for the commission to consider: __________________________________.

     

     

     

     

     

    8.

    Petitioners consider IC 8-1.5-3-8.3(d) and IC 8-1.5-3-8.3(e), and (identify any other statutes determined to be relevant) to be applicable to the relief requested by this Petition.

     

     

     

     

     

    9.

    __________________________ is counsel of record for Petitioners in this matter and is duly authorized to accept service of papers in this cause on behalf of Petitioners.

     

     

     

     

    WHEREFORE Petitioners respectfully request the Commission to review the percentage difference between the respective rates and charges and determine whether the difference is discriminatory, unreasonable and unjust, and if necessary, adjust the rates and charges imposed on Petitioners, and for all other just and reasonable relief.

     

     

     

     

     

     

     

    Respectfully submitted,

     

     

     

    ______________________________

     

     

     

    Attorney for Petitioners

     

     

     

     

    Verification

     

     

     

     

    I, _________________________________, affirm under penalties for perjury that the foregoing representations are true to the best of my knowledge, information, and belief.

     

     

     

     

    Signed ________________________ (Representative of the Ratepayers/Petitioners)

     

     

     

     

    Attorney Contact Information

     

    (2) Form B Sample Municipality's Petition:

    Form B Sample Municipality's Petition

     

     

     

    STATE OF INDIANA

    INDIANA UTILITY REGULATORY COMMISSION

     

     

     

    PETITION FOR COMMISSION REVIEW

    )

     

    AND ADJUSTMENT, IF NECESSARY,

    )

     

    OF RATE AND CHARGE DIFFERENCE

    )

     

    BETWEEN PROPERTY WITHIN AND

    )

    CAUSE NO.

    PROPERTY OUTSIDE THE CORPORATE

    )

     

    BOUNDARIES OF ___________________

    )

     

    (MUNICIPALITY)

    )

     

    Pursuant to IC 8-1.5-3-8.3(d) and IC 8-1.5-3-8.3(e), Petitioner, ______________________, (Municipality), by counsel, respectfully petitions the Indiana Utility Regulatory Commission ("Commission") to review and adjust, if necessary, the rates and charges imposed on property outside the corporate boundaries of _______________________ (Municipality). In support of its Petition, Petitioner states:

     

    1.

    On ____________ (date), ______________ (Municipality) adopted an ordinance under IC 8-1.5-3-8.1 which imposed rates and charges on users of the works for service to property located outside the corporate boundaries of _____________ (Municipality) that exceed the rates and charges imposed on users of the works for service to property located within the municipality's corporate boundaries by more than fifteen percent (15%). Attached as "Exhibit A" is a copy of the ordinance.

     

     

     

     

     

    2.

    Under IC 8-1.5-3-8.3(d) and IC 8-1.5-3-8.3(e), either or both the municipality, or the lesser of ten percent (10%) of all or twenty-five (25) of the users of the works whose property is located outside the corporate boundaries of the municipality may petition the Commission to review the percentage difference between the rates and charges in order to determine whether the difference is nondiscriminatory, reasonable, and just.

     

     

     

     

     

    3.

    In accordance with IC 8-1.5-3-8.3(d)(1) or IC 8-1.5-3-8.3(e)(1) this petition is brought by ______________________ (Municipality).

     

     

     

     

     

    4.

    The percentage difference between the rates and charges imposed on users of the works for service to property located outside the corporate boundaries of the municipality and to property located within the corporate boundaries is ___________________.

     

     

     

     

     

    5.

    The rate differential between the property located outside and inside the corporate boundaries is nondiscriminatory, reasonable and just because ____________________.

     

     

     

     

     

    6.

    Other facts or information petitioner believes is relevant for the commission to consider: ____________________________________.

     

     

     

     

     

    7.

    Petitioner considers IC 8-1.5-3-8.3(d) and IC 8-1.5-3-8.3(e), and (identify any other statutes determined to be relevant) to be applicable to the relief requested by this Petition.

     

     

     

     

     

    8.

    __________________________ is counsel of record for Petitioner in this matter and is duly authorized to accept service of papers in this cause on behalf of Petitioner.

     

     

     

     

    WHEREFORE Petitioner respectfully requests the Commission to review the percentage difference between the respective rates and charges and determine whether the difference is discriminatory, unreasonable and unjust, and if necessary, adjust the rates and charges imposed on the users of the works whose property is located outside the corporate boundaries of the municipality, and for all other just and reasonable relief.

     

     

     

     

     

     

     

    Respectfully submitted,

     

     

     

    ______________________________

     

     

     

    Attorney for Petitioner

     

     

     

     

    Verification

     

     

     

     

    I, _________________________________, affirm under penalties for perjury that the foregoing representations are true to the best of my knowledge, information, and belief.

     

     

     

     

    Signed________________________ (Representative of the Municipality)

     

     

     

     

    Attorney Contact Information

    (Indiana Utility Regulatory Commission; 170 IAC 1-7-4; filed Nov 21, 2012, 7:10 a.m.: 20121219-IR-170120442FRA)