Sec. 69. Whenever, upon the investigation made under
the provisions of this chapter, the commission shall find any
regulations, measurements, practices, acts, or service to be unjust,
unreasonable, unwholesome, unsanitary, unsafe, insufficient,
preferential, unjustly discriminatory, or otherwise in violation of any of
the provisions of this chapter, or shall find that any service is
inadequate or that any service which can be reasonably demanded can
not be obtained, the commission shall determine and declare and by
order fix just and reasonable measurements, regulations, acts, practices,
or service to be furnished, imposed, observed, and followed in the
future in lieu of those found to be unjust, unreasonable, unwholesome,
unsanitary, unsafe, insufficient, preferential, unjustly discriminatory,
inadequate, or otherwise in violation of this chapter, as the case may
be, and shall make such other order respecting such measurement,
regulation, act, practice, or service as shall be just and reasonable.
Formerly: Acts 1913, c.76, s.73. As amended by P.L.59-1984,
SEC.29.
Notes of Decisions
Leslie Bridges v. Veolia Water Indianapolis, LLC, Veolia Water North Am. Operating Serv., LLC, & The City of Indianapolis, Dept. of Waterworks, 978 N.E.2d 447 (Ind. Ct. App. 2012).
· cites it 6× “Indiana Code section 8-1-2-69 provides in relevant part: Whenever, upon the investigation made under the provisions of this chapter, the commission shall find any regulations, measurements, practices, acts, or service to be unjust, unreasonable, unwholesome, unsanitary, unsafe,…”
South E. Indiana Nat. Gas Co. v. Ingram, 617 N.E.2d 943 (Ind. Ct. App. 1993).
· cites it 2× “But no order affecting said rates, tolls, charges, schedules, regulations, measurements, practice or act, complained of, shall be entered by the [C]ommission without a formal hearing.”
N. Indiana Pub. Serv. Co. v. LaPorte, 791 N.E.2d 271 (Ind. Ct. App. 2003).
· cites it 2× “Ind.Code § 8-1-2-69. In addition, Ind.Code § 8-1-2-113(a) reads: The commission may, when it considers necessary to prevent injury to the business or interests of the people or any public utility of this state in case of any emergency to be judged by the commission, temporarily…”
Illinois-Indiana Cable Television Ass'n v. Pub. Serv. Comm'n, 427 N.E.2d 1100 (Ind. Ct. App. 1981).
“Safety and adequacy of service Ind.Code 8-1-2-69 provides: “Whenever, upon the investigation made under the provisions of this act, the commission shall find any regulations, *1107 measurements, practices, acts or service to be unjust, unreasonable, unwholesome, unsanitary,…”
Greenwood Prof'l Park v. Pub. Serv. Comm'n, 487 N.E.2d 472 (Ind. Ct. App. 1986).
“In other references, the Commission found that individual metering “would not defeat the PURPA objective_” While the language does not track the regulation, form will not be exalted over substance if, in fact, the proper standard has been applied.”
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