Ind. Code » Title 8
Indiana Code

Ind. Code § 8-1-2.3-4 (2025)

Service area rights

✓ 2025 Indiana Code: the 2026 session is not included
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     Sec. 4. Service Area Rights. (a) As long as an electricity supplier continues to provide adequate retail service, it shall have the sole right to furnish retail electric service to each present and future consumer within the boundaries of its assigned service area and no other electricity supplier shall render or extend retail electric service within its assigned service area unless the electricity supplier with the sole right consents thereto in writing and the commission approves. This subsection does not prevent the commission from exercising its authority under IC 8-1-2-69.

     (b) If an electricity supplier unlawfully renders or extends retail electric service within the assigned service area of another electricity supplier, the electricity supplier which has the sole right to furnish retail electric service in that assigned service area may bring an action in the circuit or superior court of the county where such assigned service area is located to enjoin the other electricity supplier from rendering or extending such unlawful retail electric service.

     If a violation is proved, the violator shall pay to the aggrieved electricity supplier the gross revenues derived by the violator from the sale of electric service within the assigned service area of the aggrieved electricity supplier, all witness fees, court costs and reasonable attorneys' fees incurred in any litigation brought to enforce this section. Payment of damages, fees and costs does not entitle a violator to furnish retail electric service in such assigned service area. All such actions or proceedings must be brought within three (3) years after the violation occurs.

As added by Acts 1980, P.L.69, SEC.1.

 

Notes of Decisions
Cited in 4 cases, 1995–2011 · leading case: United Rural Elec. Membership Corp. v. Indiana Michigan Power Co., 648 N.E.2d 1194 (Ind. Ct. App. 1995).
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United Rural Elec. Membership Corp. v. Indiana Michigan Power Co., 648 N.E.2d 1194 (Ind. Ct. App. 1995). · cites it 7× “CODE § 8-1-2.3-4 seeking in excess of $29,000,000.”
Knox Cnty. Rural Elec. Membership Corp. v. PSI Energy, Inc., 663 N.E.2d 182 (Ind. Ct. App. 1996). · cites it 3× “§ 8-1-2.3-4. Again, when construing a statute, we must view it as a whole.”
BP Prods. North Am., Inc. v. Indiana Off. of Util. Consum. Couns., 947 N.E.2d 471 (Ind. Ct. App. 2011). · cites it 4× “The Notice of Consent further asserted that as a result of the Contract and the Commission’s March 22, 2000 Order, BP has received NIPSCO’s consent to provide electric service to Mar-sulex and is not in violation of Ind.Code § 8-1-2.3-4. Appellants’ Joint App.”
Paoli Mun. Light Dep't v. Orange Cnty. Rural Elec. Membership Corp., 904 N.E.2d 1280 (Ind. Ct. App. 2009). “§ 8-1-2.3-4(b). Affirmed and remanded. DARDEN, J.”
Ind. Code § 8-1-2.3-4(a): 1 case
Knox Cnty. Rural Elec. Membership Corp. v. PSI Energy, Inc., 663 N.E.2d 182 (Ind. Ct. App. 1996). “§ 8-1-2.3-4. Again, when construing a statute, we must view it as a whole.”
Ind. Code § 8-1-2.3-4(b): 1 case
Paoli Mun. Light Dep't v. Orange Cnty. Rural Elec. Membership Corp., 904 N.E.2d 1280 (Ind. Ct. App. 2009). “§ 8-1-2.3-4(b). Affirmed and remanded. DARDEN, J.”
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