Sec. 4. Every public utility is required to furnish
reasonably adequate service and facilities. The charge made by any
public utility for any service rendered or to be rendered either directly
or in connection therewith shall be reasonable and just, and every
unjust or unreasonable charge for such service is prohibited and
declared unlawful. The commission, in order to expedite the
determination of rate questions, or to avoid unnecessary and
unreasonable expense, or to avoid discrimination in rates between
classes of customers, or, whenever in the judgment of the commission
public interest so requires, may, for ratemaking and accounting
purposes, or either of them, consider a single municipality and/or two
(2) or more municipalities and/or the adjacent and/or intervening rural
territory as a regional unit where the same utility serves such region,
and may within such region prescribe uniform rates for consumers or
patrons of the same class. Nothing in this chapter contained shall
authorize any public utility during the remainder of the term of any
grant or franchise under which it may be acting on May 1, 1913, to
charge for any service, in such grant or franchise contracted, exceeding
the maximum rate or rates therefor, if any, that may be fixed in such
grant or franchise.
Formerly: Acts 1913, c.76, s.7; Acts 1933, c.190, s.2. As
amended by P.L.59-1984, SEC.10.
Notes of Decisions
Prior v. GTE North Inc., 681 N.E.2d 768 (Ind. Ct. App. 1997).
· cites it 22× “In particular, he contends that the tariff's limitation of liability clause is invalid for the following reasons: 1) the tariff abrogates GTE's statutory duty under I.C. § 8-1-2-4 to provide "reasonably adequate service and facilities;" 2) the IURC exceeded its legislative…”
South E. Indiana Nat. Gas Co. v. Ingram, 617 N.E.2d 943 (Ind. Ct. App. 1993).
· cites it 3× “Indiana Code 8-1-2-4 imposes upon South Eastern a statutory duty to furnish reasonably adequate service and facilities.”
United States Gypsum, Inc. v. Indiana Gas Co., 735 N.E.2d 790 (Ind. 2000).
· cites it 2× “” Ind.Code § 8-1-2-4. “This service includes the product itself, the use or accommodation afforded the customers and the equipment employed by the utility in performing the service.”
United States Steel Corp. v. N. Indiana Pub. Serv. Co., 951 N.E.2d 542 (Ind. Ct. App. 2011).
· cites it 2× “2d at 127 ; Ind.Code § 8-1-2-4 (2010). Because the state has mandated that such public utilities use their private assets in the public interest, the state has, for constitutional purposes, taken private property and must therefore provide reasonable compensation.”
United Rural Elec. Membership Corp. v. Indiana Michigan Power Co., 648 N.E.2d 1194 (Ind. Ct. App. 1995).
· cites it 2× “Indeed, failure to comply with the Commission's order would have subjected I & M to potential penalty, IND. CODE § 8-1-2-109, potential liability to General Motors for injury caused by its wrongful actions, IND.”
Indiana Bell Tel. Co., Inc. v. O'BRYAN, 408 N.E.2d 178 (Ind. Ct. App. 1980).
“Even were this not so Ind. Code 8-1-2-4 saddles Bell with a statutory duty to furnish reasonably adequate service and facilities.”
Citizens Action Coalition of Indiana, Inc. v. Pub. Serv. Co. of Indiana, Inc., 612 N.E.2d 199 (Ind. Ct. App. 1993).
· cites it 2× “CODE § 8-1-2-4 (1984). This Court and our Supreme Court have noted that a "simple mathematical formula for the expression of a utility's total revenue requirement" can be stated as: "R = O + (V - D) r where R is the total revenue required, O is the operating costs, V is the…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.