Ind. Code § 8-1-30.3-6
Offered utility; economies of scale; failure to furnish or maintain adequate and reasonable service and facilities; commission findings
Redline — January 1, 2018 → current.View current text →
Current — January 1, 2023
As of January 1, 2018
Sec. 6. For purposes of section 5(c)(2) of this chapter, a distressed utility is not furnishing or maintaining adequate, efficient, safe, and reasonable service and facilities if the commission finds one (1) or more of the following:
Sec. 6. For purposes of section 5(d)(2) of this chapter, an offered utility is too small to capture economies of scale or is not furnishing or maintaining adequate, efficient, safe, and reasonable service and facilities if the commission finds one (1) or more of the following:
(1) The distressed utility violated one (1) or more state or federal statutory or regulatory requirements in a manner that the commission determines affects the safety, adequacy, efficiency, or reasonableness of its services or facilities.
(1) The offered utility violated one (1) or more state or federal statutory or regulatory requirements in a manner that the commission determines affects the safety, adequacy, efficiency, or reasonableness of its services or facilities.
(2) The distressed utility has inadequate financial, managerial, or technical ability or expertise.
(2) The offered utility has inadequate financial, managerial, or technical ability or expertise.
(3) The distressed utility fails to provide water in sufficient amounts, that is palatable, or at adequate volume or pressure.
(3) The offered utility fails to provide water in sufficient amounts, that is palatable, or at adequate volume or pressure.
(4) The distressed utility, due to necessary improvements to its plant or distribution or collection system or operations, is unable to furnish and maintain adequate service to its customers at rates equal to or less than those of the acquiring utility company.
(4) The offered utility, due to necessary improvements to its plant or distribution or collection system or operations, is unable to furnish and maintain adequate service to its customers at rates equal to or less than those of the acquiring utility company.
(5) The distressed utility:
(A) is municipally owned utility property of a municipally owned utility that serves fewer than five thousand (5,000) customers; and
(B) is being sold under IC 8-1.5-2-6.1.
(5) The offered utility serves fewer than eight thousand (8,000) customers.
(6) Any other facts that the commission determines demonstrate the distressed utility's inability to furnish or maintain adequate, efficient, safe, or reasonable service or facilities.
(6) Any other facts that the commission determines demonstrate the offered utility's inability to capture economies of scale or to furnish or maintain adequate, efficient, safe, or reasonable service or facilities.
Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.