Section 8-1-2-61.7 - Petition for review of rates and charges for wholesale sewage service contracts(a) As used in this section, "utility" refers to a wastewater utility that: (1) is owned or operated by a political subdivision (as defined in IC 36-1-2-13); and(2) is not under the jurisdiction of the commission for the approval of rates and charges.(b) As used in this section, "wholesale sewage service" means the collection, treatment, purification, and disposal in a sanitary manner of liquid and solid waste, sewage, night soil, and industrial waste provided by a utility to another utility.(c) A utility that: (1) either provides or receives wholesale sewage service; and(2) negotiates to renew or enter into a new contract for wholesale sewage service on expiration of a contract for the same wholesale sewage service; may file a petition for review of rates and charges for wholesale sewage service with the commission or the circuit or superior court with jurisdiction in the county where the utility has its principal office.
(d) If a utility files a petition under subsection (c), the following apply: (1) The utility that provides the wholesale sewage service has the burden of proving that the rates and charges are just and reasonable.(2) A petition concerning the same rates and charges may not be filed with both the commission and a court.(3) If multiple petitions concerning the same rates and charges are filed, all petitions filed after the first petition filed must be:(A) consolidated with the first petition filed; and(B) heard in the forum in which the first petition was filed.(4) The petition is not subject to IC 36-9-23 or IC 36-9-25. However, the petition may be subject to IC 8-1.5-6.(5) If the petition is heard by a court, the court shall hear the petition de novo.(e) After notice and hearing, the commission may issue an order determining whether the rates and charges that are the subject of a petition filed with the commission under subsection (c) are just and reasonable. The order of the commission is a final order for purposes of IC 8-1-3.(f) This section does not:(1) authorize the commission to revise rates and charges of a utility for any other purpose other than as stated in this section; or(2) otherwise return or subject a utility to the jurisdiction of the commission.(g) The commission may adopt rules under IC 4-22-2 to implement this section.Amended by P.L. 213-2014, SEC. 1, eff. 3/27/2014.Added by P.L. 251-2013, SEC. 1, eff. 5/11/2013, retroactive.