Authority: IC 8-1-1-3; IC 8-1.5-3-8.3

Affected: IC 8-1.5-3-8.1; IC 8-1.5-3-8.3

Sec. 3. (a) A petition filed under this rule must be filed within the time allotted in IC 8-1.5-3-8.3(d) or IC 8-1.5-3- 8.3(e).

(b) Petitions shall be submitted in accordance with 170 IAC 1-1.1 through the commission's electronic filing portal at https://iurc.portal.in.gov/ and shall be in substantial compliance with the sample petitions provided on the commission's water and wastewater division's website at https://www.in.gov/iurc/2338.htm.

(c) At the time that the customers file their petition, they shall provide notice to the municipality by providing the following information:

1. (1) A copy of the petition.
2. (2) The date the petition was filed.
3. (3) Contact information for each individual customer seeking review by the commission or, if the customers are represented by an attorney licensed to practice law in Indiana, then the contact information of the attorney.

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

1. (1) The municipality has filed a petition under this rule.
2. (2) The date the petition was filed.
3. (3) How the customer can obtain a copy of the petition.
4. (4) The deadline by which the customer may respond to the petition as set forth in subsection (h).
5. (5) A statement that the customer may also contact the commission concerning a complaint.
6. (6) Contact information for the commission.

(e) Notice under this section must be sent by U.S. mail no later than the date on which the petition is filed.

(f) Within ten (10) days after a petition is filed under this rule, the municipality must file its case in support of the rate differential, which may include:

1. (1) testimony;
2. (2) revenue requirements;
3. (3) cost of service studies;
4. (4) related working papers; and
5. (5) other documentation or analysis relied upon when approving the ordinance;

that supports the rates and charges imposed on the customers and that would assist the utility in meeting its burden of proof as required by IC 8-1.5-3-8.3.

(g) Working papers shall be submitted in accordance with 170 IAC 1-1.1 and must be:

1. (1) legible;
2. (2) paginated; and
3. (3) specifically identified.

(h) Within forty (40) days of the date the municipality has filed its case in support of the rate differential with the commission, the following may file its response, including working papers, with the commission:

1. (1) The OUCC.
2. (2) A party to the proceeding.

(i) Within fifteen (15) days after the response is filed with the commission, the municipality may file its rebuttal.

(j) Filings to the commission under this rule shall also be served no later than the date filed, by email, U.S. mail, or as agreed to by the parties, upon the following:

1. (1) The OUCC.
2. (2) The municipality.
3. (3) A party to the proceeding.

(k) To the extent appropriate and pursuant to the statutory time limitation, the commission procedures in 170 IAC 1-1.1 shall be used for proceedings under this rule.

(Indiana Utility Regulatory Commission; 170 IAC 1-7-3; filed Nov 21, 2012, 7:10 a.m.: 20121219-IR-170120442FRA; readopted filed Apr 12, 2018, 11:21 a.m.: 20180509-IR-170180113RFA; filed Jul 20, 2021, 9:21 a.m.: 20210818-IR-170200089FRA; readopted filed May 25, 2023, 11:48 a.m.: 20230621-IR- 170230296RFA)