170 Ind. Admin. Code 1-6-7

Current through October 23, 2024

Section 170 IAC 1-6-7 - Objections

Authority: IC 8-1-1-3; IC 8-1-2-42

Affected: IC 8-1-1-5; IC 8-1-2-34.5; IC 8-1-2-54

Sec. 7.

(a) If any person or entity has an objection to a filing made under this rule, the objection shall be submitted to the secretary of the commission.

(b) The objection must be as follows:

(1) In writing in:

(A) paper; or

(B) electronic format.

(2) Based on a statement that at least one (1) of the following applies to the filing:

(A) It is a violation of:

(i) applicable law;

(ii) a prior commission order; or

(iii) a commission rule.

(B) Information in the filing is inaccurate.

(C) The filing is:

(i) incomplete; or

(ii) prohibited under section 4 of this rule.

(c) The commission division shall promptly notify the utility, via electronic mail or facsimile, of any objections it receives. Within ten (10) calendar days following notification by the commission division, the utility may submit one (1) or more of the following:

(1) A response to the objection.

(2) Clarification of the filing.

(3) Additional information.

(4) An amendment to the filing.

(5) A withdrawal of its filing.

A filing may be withdrawn at any time before it is presented to the commission for approval under section 8 of this rule.

(d) If the objection is resolved to the satisfaction of the:

(1) objector;

(2) utility;

(3) OUCC; and

(4) commission division; the filing may continue through the recommendation and approval process in section 8 of this rule. Otherwise, if the filing has not been previously withdrawn by the utility, the filing, under IC 8-1-1-5, shall not be presented to the commission for consideration upon an objection that complies with this section.

(e) If an objection that complies with this section is not received by the commission at least three (3) business days before the filing is approved, the objection may still be:

(1) a basis for an investigation by the commission;

(2) used as part of a complaint that complies with:

(A) IC 8-1-2-54; or

(B) IC 8-1-2-34.5(b); and

(3) considered by the commission in accordance with the commission's procedural rules and evidentiary standards in subsequent related filings by the utility.

(f) Nothing in this rule shall restrict:

(1) a person's or entity's rights regarding, or access to, the complaint processes and procedures of the commission; or

(2) the commission's investigatory authority.

170 IAC 1-6-7

Indiana Utility Regulatory Commission; 170 IAC 1-6-7; filed Nov 25, 2008, 1:18 p.m.: 20081217-IR-170070829FRA; Readopted filed 7/29/2014, 8:39 a.m.: 20140827-IR-170140181RFA

Readopted filed 4/15/2020, 12:02 p.m.: 20200513-IR-170200084RFA