Indiana Code

Ind. Code § 8-1-2-1 (2026)

Definitions

✓ current as of May 2026

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Sec. 1. (a) Except as provided in section 1.1 of this chapter, "public utility", as used in this chapter, means every corporation, company, partnership, limited liability company, individual, association of individuals, their lessees, trustees, or receivers appointed by a court, that may own, operate, manage, or control any plant or equipment within the state for the:

(1) conveyance of telegraph or telephone messages;

(2) production, transmission, delivery, or furnishing of heat, light, water, or power; or

(3) collection, treatment, purification, and disposal in a sanitary manner of liquid and solid waste, sewage, night soil, and industrial waste.

The term does not include a municipality that may acquire, own, or operate any of the foregoing facilities.

(b) "Municipal council", as used in this chapter, means the legislative body of any town or city in Indiana wherein the property of the public utility or any part thereof is located.

(d) "Rate", as used in this chapter, means every individual or joint rate, fare, toll, charge, rental, or other compensation of any utility or any two (2) or more such individual or joint rates, fares, tolls, charges, rentals, or other compensation of any utility or any schedule or tariff thereof, but nothing in this subsection shall give the commission any control, jurisdiction, or authority over the rate charged by a municipally owned utility except as in this chapter expressly provided.

(e) "Service" is used in this chapter in its broadest and most inclusive sense and includes not only the use or accommodation afforded consumers or patrons but also any product or commodity furnished by any public or other utility and the plant, equipment, apparatus, appliances, property, and facility employed by any public or other utility in performing any service or in furnishing any product or commodity and devoted to the purposes in which such public or other utility is engaged and to the use and accommodation of the public.

(f) "Commission", as used in this chapter, means the commission created by IC 8-1-1-2.

(g) "Utility", as used in this chapter, means every plant or equipment within the state used for:

(1) the conveyance of telegraph and telephone messages;

(2) the production, transmission, delivery, or furnishing of heat, light, water, or power, either directly or indirectly to the public; or

(3) collection, treatment, purification, and disposal in a sanitary manner of liquid and solid waste, sewage, night soil, and industrial waste.

The term does not include a municipality that may acquire, own, or operate facilities for the collection, treatment, purification, and disposal in a sanitary manner of liquid and solid waste, sewage, night soil, and industrial waste. A warehouse owned or operated by any person, firm, limited liability company, or corporation engaged in the business of operating a warehouse business for the storage of used household goods is not a public utility within the meaning of this chapter.

(h) "Municipally owned utility", as used in this chapter, includes every utility owned or operated by a municipality.

(i) "Indeterminate permit", as used in this chapter, means every grant, directly or indirectly from the state, to any corporation, company, partnership, limited liability company, individual, association of individuals, their lessees, trustees, or receivers appointed by a court, of power, right, or privilege to own, operate, manage, or control any plant or equipment, or any part of a plant or equipment, within this state, for the:

(1) production, transmission, delivery, or furnishing of heat, light, water, or power, either directly or indirectly to or for the public;

(2) collection, treatment, purification, and disposal in a sanitary manner of liquid and solid waste, sewage, night soil, and industrial waste; or

(3) furnishing of facilities for the transmission of intelligence by electricity between points within this state;

which shall continue in force until such time as the municipality shall exercise its right to purchase, condemn, or otherwise acquire the property of such public utility, as provided in this chapter, or until it shall be otherwise terminated according to law.

(j) "Communications service provider", as used in this chapter, has the meaning set forth in IC 8-1-2.6-13.

(k) "Court reporter", as used in this chapter, means an individual using:

(1) manual or stenographic shorthand;

(2) electronic tape recording;

(3) digital recording; or

(4) another method;

as approved in the Indiana Rules of Court, to make a record of a proceeding.

Formerly: Acts 1913, c.76, s.1a; Acts 1955, c.37, s.1; Acts 1957, c.313, s.1. As amended by P.L.59-1984, SEC.8; P.L.384-1987(ss), SEC.5; P.L.8-1989, SEC.38; P.L.8-1993, SEC.105; P.L.91-1995, SEC.2; P.L.27-2006, SEC.3; P.L.145-2015, SEC.1; P.L.9-2025, SEC.4.

Notes of Decisions

Cited in 27 cases (1 in the last 5 years), 1979–2024 · leading case: Citizens Action Coalition of Indiana, Inc. v. N. Indiana Pub. Serv. Co., 485 N.E.2d 610 (Ind. 1985).

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Citizens Action Coalition of Indiana, Inc. v. N. Indiana Pub. Serv. Co., 485 N.E.2d 610 (Ind. 1985). · cites it 46× “" At page 614 of the majority opinion, they quote the statutory definition of service found in Ind. Code § 8-1-2-1 . The beginning sentence of which is: "The term `service' is used in this act in its broadest and most inclusive sense and includes not only the use or…”

United States Steel Corp. v. N. Indiana Pub. Serv. Co., 951 N.E.2d 542 (Ind. Ct. App. 2011). · cites it 22× “See Ind.Code §§ 8-1-2-1, -87.5 (2010). In statutory construction, our primary goal is to ascertain and give effect to the intent of the legislature.”

Util. Ctr., Inc. v. City of Fort Wayne, 834 N.E.2d 686 (Ind. Ct. App. 2005). · cites it 12× “[6] Indiana Code Section 8-1-2-1(a) defines "public utility" as: [E]very corporation, company, partnership, limited liability company .”

Util. Ctr., Inc. v. City of Fort Wayne, 868 N.E.2d 453 (Ind. 2007). · cites it 4× “This new chapter 30 has six sections, as follows: The first section provides that the definitions contained in Ind.Code § 8-1-2-1 apply to chapter 30. The second section provides a special definition for the term "utility company" as either (1) a public utility that provides…”

South E. Indiana Nat. Gas Co. v. Ingram, 617 N.E.2d 943 (Ind. Ct. App. 1993). · cites it 4× “South Eastern is a public utility regulated by the Indiana Utility Regulatory Commission ("IURC" or "Commission") pursuant to Indiana Code § 8-1-2-1, et seq. The question presented falls squarely within the primary jurisdiction of the IURC, and it is for the IURC to determine,…”

City of Gary v. Indiana Bell Tel. Co., 732 N.E.2d 149 (Ind. 2000). · cites it 4× “…the legislature chose not to specifically define either "use" or "occupy" as those terms are used in Chapter 2. See Ind.Code § 8-1-2-1 (1998).”

Indiana Bell Tel. Co. v. Indiana Util. Regulatory Comm'n, 715 N.E.2d 351 (Ind. 1999). · cites it 3× “CODE § 8-1-2-1 (1998). The appellants argue that the shareholders of the public utility's holding company do not fall within this defined term.”

BP Prods. North Am., Inc. v. Indiana Off. of Util. Consum. Couns., 947 N.E.2d 471 (Ind. Ct. App. 2011). · cites it 8× “BP is providing electric service to an entity other than itself and is therefore *476 a public utility pursuant to Ind.Code § 8-1-2-1 and Ind.Code § 8-1-6-3.”

Prior v. GTE North Inc., 681 N.E.2d 768 (Ind. Ct. App. 1997). · cites it 4× “I.C. § 8-1-2-1. In providing its service, however, GTE must function under the IURC's regulations which are in place to ensure that GTE is providing the proper level of service.”

Bd. of Commissioners v. Town of Plainfield, 909 N.E.2d 480 (Ind. Ct. App. 2009). · cites it 4× “5-1 -1; Ind.Code § 8-1-2-1(b); Ind.Code § 8-1.5-8-8(a).”

N. Indiana Pub. Serv. Co. v. Dozier, 674 N.E.2d 977 (Ind. Ct. App. 1996). · cites it 2× “Ind.Code § 8-1-2-1 et seq. The IURC derives its power solely from the legislature and has no power to act unless *984 such power is conferred by statute.”

Illinois-Indiana Cable Television Ass'n v. Pub. Serv. Comm'n, 427 N.E.2d 1100 (Ind. Ct. App. 1981). · cites it 2× “Our task is thus to review the Act to determine *1106 whether the legislature has endowed the Commission with the contested authority.”

Show all 27 citing cases →

— Ind. Code § 8-1-2-1(a) — 4 cases

United States Steel Corp. v. N. Indiana Pub. Serv. Co., 951 N.E.2d 542 (Ind. Ct. App. 2011). “See Ind.Code §§ 8-1-2-1, -87.5 (2010). In statutory construction, our primary goal is to ascertain and give effect to the intent of the legislature.”

Util. Ctr., Inc. v. City of Fort Wayne, 834 N.E.2d 686 (Ind. Ct. App. 2005). “[6] Indiana Code Section 8-1-2-1(a) defines "public utility" as: [E]very corporation, company, partnership, limited liability company .”

BP Prods. North Am., Inc. v. Indiana Off. of Util. Consum. Couns., 964 N.E.2d 234 (Ind. Ct. App. 2011).

Kankakee Valley Rural Elec. Membership Corp. v. United Tel. Co. of Indiana, 843 N.E.2d 987 (Ind. Ct. App. 2006).

— Ind. Code § 8-1-2-1(a)(2) — 1 case

Al Seng v. Indiana-Am. Water Co., Inc. (mem. dec.) (Ind. Ct. App. 2018).

— Ind. Code § 8-1-2-1(b) — 1 case

Bd. of Commissioners v. Town of Plainfield, 909 N.E.2d 480 (Ind. Ct. App. 2009). “5-1 -1; Ind.Code § 8-1-2-1(b); Ind.Code § 8-1.5-8-8(a).”

— Ind. Code § 8-1-2-1(e) — 2 cases

N. Indiana Pub. Serv. Co. v. LaPorte, 791 N.E.2d 271 (Ind. Ct. App. 2003).

Duke Energy Indiana LLC v. City of Noblesville Indiana (Ind. 2024).

— Ind. Code § 8-1-2-1(f) — 1 case

— Ind. Code § 8-1-2-1(g) — 1 case

Bd. of Commissioners v. Town of Plainfield, 909 N.E.2d 480 (Ind. Ct. App. 2009). “5-1 -1; Ind.Code § 8-1-2-1(b); Ind.Code § 8-1.5-8-8(a).”

— Ind. Code § 8-1-2-1(i) — 2 cases

Concerned Citizens of West Boggs Lake v. West Boggs Sewer Dist., Inc., 810 N.E.2d 720 (Ind. Ct. App. 2004).

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