170 Ind. Admin. Code 1-1.1-9

Current through October 23, 2024

Section 170 IAC 1-1.1-9 - Petitions

Authority: IC 8-1-1-3; IC 8-1-2-47

Affected: IC 8-1-1-5; IC 8-1-1.1-5.1

Sec. 9.

(a) In addition to the matters required by section 8 of this rule, petitions must comply with the requirements of the statute under which they are filed and must contain the following:

(1) A caption that describes, in general terms, the relief being sought.

(2) A plain and concise statement of the facts showing the interest of the petitioners in the matters involved in the proceeding.

(3) A plain and concise statement of the facts that necessitate or justify relief.

(4) A reference to the statutes under which the commission has jurisdiction and the rules of the commission deemed applicable.

(5) A statement designating the person in Indiana authorized to accept for the petitioner service of pleadings in the proceeding, including that person's:

(A) address;

(B) telephone number;

(C) fax number; and

(D) email address.

(6) The name of the respondent, as required.

(7) Specific prayers for the relief requested, including a reasonable amount of detail about the nature of the request.

(8) A proposed procedural schedule and a statement indicating whether the parties reasonably anticipated to participate in the proceeding are in agreement with the proposed procedural schedule for the prefiling of evidence and the evidentiary hearing, as follows:

(A) This must be followed for cases involving rate adjustment mechanisms, also known as trackers.

(B) For cases not involving rate adjustment mechanisms or trackers, an alternative to providing the proposed procedural schedule when filing the petition is to indicate that a proposed procedural schedule will be filed within thirty (30) days of the filing of the petition.

(C) The commission's general administrative orders may provide guidance for determining an appropriate procedural schedule.

(b) In a utility rate proceeding where the petitioner in its petition requests a specific test year and cutoff date, the commission shall, in consultation with the parties at the time of the prehearing conference or by agreement of the parties in writing as set forth in section 15 of this rule, by order, fix the test year and cutoff date for purposes of accounting, engineering, and other evidence to be presented in the proceeding, which shall be binding upon the parties.

(c) In a proceeding in which the petitioner is required by law to publish notice of the filing of the petition, the petitioner shall, following publication of the notice, certify to the commission that the publication has occurred, listing the names of the newspapers and the county or counties in which the notice was published.

(d) In a proceeding in which the petitioner is required by law to publish notice through a newspaper, the petitioner shall certify to the commission that a substantially similar notice was also posted on the petitioner's website or provide a verified statement as contemplated by section 8(d) of this rule that the petitioner does not have a website or could not add the posting without substantial cost or hardship and explain why.

170 IAC 1-1.1-9

Indiana Utility Regulatory Commission; 170 IAC 1-1.1-9; filed Oct 30, 2000, 2:10 p.m.: 24 IR 657; readopted filed Apr 6, 2006, 11:00 a.m.: 29 IR 2670; filed May 21, 2008, 9:29 a.m.: 20080618-IR-170070514FRA; readopted filed Jun 14, 2012, 3:04 p.m.: 20120711-IR-170120199RFA

Readopted filed 4/12/2018, 11:21 a.m.: 20180509-IR-170180113RFA

Filed 6/10/2020, 7:38 a.m.: 20200708-IR-170190378FRA