in-20261014-IR-170260167SNA: GENERAL PROVISIONS

TITLE 170 INDIANA UTILITY REGULATORY COMMISSION Notice of Second Public Comment Period LSA Document #26-167 GENERAL PROVISIONS PURPOSE OF NOTICE The Indiana Utility Regulatory Commission (IURC) is soliciting public comment on amending and repealing rules at 170 IAC 1 concerning procedural rules for practice before IURC, ex parte communications, advertising expenses by utilities, thirty (30) day filings, and municipal rates. HISTORY Notice of First Public Comment Period: 20260610-IR-170260167FNA Regulatory Analysis submitted with Notice of First Public Comment Period: 20260610-IR-170260167RAA Date of First Hearing: July 13, 2026 ADDITIONAL DOCUMENTS Notice of Public Hearing: 20261014-IR-170260167PHA CITATIONS AFFECTED: 170 IAC 1 AUTHORITY: IC 8-1-1-3; IC 8-1-1-5; IC 8-1-2; IC 8-1-26-26; IC 8-1.5-3-8.3 OVERVIEW Basic Purpose and Background Based on House Enrolled Act 1623-2023, several of the rules in 170 IAC 1 are set to expire at the end of 2026, including 170 IAC 1-1.1 concerning IURC's procedural rules, 170 IAC 1-1.5 concerning ex parte communications, and certain portions of 170 IAC 1-6 concerning thirty (30) day filings. IURC undertook a review of the expiring rules and determined that the rules should be updated and streamlined for efficiency. Most of the other rules in 170 IAC 1 are being updated at the same time, so those rules are on the same cycle as the remainder of 170 IAC 1. In this rulemaking, therefore, IURC is also amending 170 IAC 1-3 and 170 IAC 1-7. 170 IAC 1-1.1 and 170 IAC 1-1.5 were last amended in 2020. 170 IAC 1-3 was first promulgated in 1975 and readopted thereafter. 170 IAC 1-6 was last amended in 2025. 170 IAC 1-7 was last amended in 2021 and readopted in 2023. Each of these rules is being revised to simplify the rules where possible and to streamline the rule language, as well as to make general, needed updates. The implementation costs of the proposed rule are not expected to exceed the threshold set in IC 4-22-2-22.7(c)(6). For purposes of IC 4-22-2-28.1, small businesses affected by this rulemaking may contact the Small Business Regulatory Coordinator: For purposes of IC 4-22-2-28.1, the Small Business Ombudsman designated by IC 5-28-17-6 is: Resources available to regulated entities through the small business ombudsman include the ombudsman's duties stated in IC 5-28-17-6, specifically IC 5-28-17-6(9), investigating and attempting to resolve any matter regarding compliance by a small business with a law, rule, or policy administered by a state agency, either as a party to a proceeding or as a mediator. SUMMARY/RESPONSE TO COMMENTS IURC requested public comment from June 10, 2026, through July 15, 2026, and during the public hearing on July 13, 2026. The comments received and IURC's responses to the comments are summarized as follows: Comment #1: The Indiana Office of Utility Consumer Counselor (OUCC) suggested defining an "ex parte communication" in 170 IAC 1-1.5-1 of the rule and then carving out any/all exceptions or exclusions further down in the Section. The OUCC suggested that this would provide clarity as to what communications are considered ex parte because the presumption would be that a communication is ex parte unless explicitly identified as an exclusion. Response #1: The IURC appreciates the OUCC's suggestion but believes that, as written, the ex parte rule is clear regarding what matters it is applicable to. Moreover, the IURC is disinclined to endorse an ex parte policy that in which the default assumption is that communication with the IURC is ex parte. As written, the OUCC's suggested definition would encompass all IURC employees, not simply those who are participating in the decision-making process on a particular matter. Such a policy would significantly chill communications between third-parties and the IURC which would hinder the IURC's ability to carry out its statutory purposes. Accordingly, the IURC declines to adopt the OUCC's suggested definition of "ex parte communication." Comment #2: The OUCC suggested deleting the time restriction under 170 IAC 1-1.5-2 (i.e. "30 days before the date of filing") around "pending proceedings" from the rule and clarifying in the definition of "ex parte communication" that an ex parte communication can potentially occur at any time. The OUCC suggested that this would serve to eliminate concerns regarding meetings with the utilities 31 days prior to the filing of a petition. Response #2: The IURC believes elimination of the 30-day lookback period, with respect to the definition of what constitutes a pending proceeding, is unwarranted and incongruent with current statutes. Under IC 8-1-7.9 an energy utility that wishes to file an expedited generation resource plan (IC 8-1-7.9-18) or a generation resource submittal (IC 8-1-7.9-20) must first conduct a pre-filing meeting with the IURC and OUCC at least thirty (30) days prior to filing. As these statutory provisions were enacted in 2025, it appears that the requirement for the pre-filing meeting to occur more than thirty (30) days prior to filing was a deliberate attempt by the legislature to place such meetings outside of the current-and previously established-30-day ex parte window. Were the OUCC's suggestion adopted, these statutorily mandated pre-filing meetings would be prohibited as ex parte communications-or otherwise have to be conducted as publicly noticed meetings-in in contravention of the legislature's apparent intent. Moreover, removing the backward looking time limitation on when a proceeding is considered pending would create an ex parte policy that dramatically chills conversations between the IURC, ratepayers, advocacy groups, and public utilities thus generating significant procedural inefficiencies. Additionally, such a policy would be extremely impractical to administer because it would create unending questions over whether various half-remembered comments or conversations-from months or even years prior-might be considered ex parte communications. Accordingly, the IURC declines the OUCC's suggestion to remove the backward looking time limitation on when a proceeding is considered pending. Comment #3: The OUCC suggested broadening the definition of "proceeding" in 170 IAC 1-1.5.1(d) to include not only formally docketed proceedings but also other administrative actions or adjudications before the IURC that are not explicitly excluded elsewhere in the rule. Response #3: The IURC believes that the suggested expansion of the term "proceeding" creates additional and unnecessary ambiguity. There is little to no uncertainty as to what constitutes a "formally docketed proceeding" but there may be significant questions regarding what constitutes an "administrative action or adjudication." Moreover, the IURC believes that expanding the definition of "proceeding" would, as previously noted above, produce significant procedural inefficiencies which would hinder the IURC's ability to carry out its statutory purposes. Accordingly, the IURC declines to expand the definition. Comment #4: The OUCC suggests narrowing the very broad IRP exclusion in 170 IAC 1-1.5-1(d)(4) so that it excludes only public comments submitted pursuant to 170 IAC 4-7-2.2. Response #4: The IURC believes narrowing the IRP exclusion in 170 IAC 1-1.5-1(d)(4) is unnecessary and would interfere with the administration of 170 IAC 4-7. As currently written 170 IAC 4-7 presumes that communications made pursuant to it are not subject to ex parte rules. Instead, 170 IAC 4-7 contains various provisions to ensure that interested parties and the OUCC are kept appropriately apprised of actions and filings undertaken pursuant to 170 IAC 4-7. See e.g., 170 IAC 4-7-2(d), 170 IAC 4-7-2.6(e)(6), 170 IAC 4-7-3(f). As changing the IRP exclusion would create administrative inefficiencies and is unnecessary in light of the notice provisions already provided in 170 IAC 4-7, the IURC declines to narrow the exception. Comment #5: The OUCC suggested striking the informal investigations exception in 170 IAC 1-1.5-1(d)(5) entirely. The OUCC argued that any benefits or efficiencies that this exclusion may provide to the IURC are outweighed by the risks and appearance of engaging in ex parte communication. Response #5: The IURC disagrees that the benefits or efficiencies of 170 IAC 1-1.5-1(d)(5) are in any way outweighed by the risks or appearance of engaging in ex parte communication. 170 IAC 1-1.5-1(d)(5) exempts from the ex parte rules "[a]n informal investigation including but not limited to . . . (C) Complaints against a public utility under IC 8-1-2-54. (D) Investigations of public utilities under IC 8-1-2-58." Notably, both IC 8-1-2-54 and 8-1-2-58 explicitly allow for investigations to be conducted "with or without notice." It appears that the legislature intended for the IURC to possess a flexible investigatory power which would allow the IURC to conduct investigations efficiently without being hindered by certain procedural hurdles. The IURC believes removing 170 IAC 1-1.5-1(d)(5) as an exception to the ex parte rules would unduly interfere with its ability to conduct informal investigations and runs counter to the legislature's general intent. Accordingly, the IURC declines to strike 170 IAC 1-1.5-1(d)(5) because the benefits and efficiencies of the provision outweigh any ex parte concerns. Comment #6: The OUCC suggested striking 170 IAC 1-1.5-2 entirely (re: pending proceedings) arguing that the only purpose of the provision was to create an arbitrary outer time limit around ex parte communication. Response #6: The IURC believes 170 IAC 1-1.5-2 is crucial to its ex parte rules and does not view setting an outer time limit on ex parte communications to be arbitrary. As explained in response to the OUCC's Comment #2, elimination of the 30-day lookback period would be incongruent with current statutes. Under IC 8-1-7.9 an energy utility that wishes to file an expedited generation resource plan (IC 8-1-7.9-18) or a generation resource submittal (IC 8-1-7.9-20) must first conduct a pre-filing meeting with the IURC and OUCC at least thirty (30) days prior to filing. As these statutory provisions were enacted in 2025, it appears that the requirement for the pre-filing meeting to occur more than thirty (30) days prior to filing was a deliberate attempt by the legislature to place such meetings outside of the current-and previously established-30-day ex parte window. Were the OUCC's suggestion adopted, these statutorily mandated pre-filing meetings would be prohibited as ex parte communications-or otherwise have to be conducted as publicly noticed meetings-in contravention of the legislature's apparent intent. Moreover, elimination of 170 IAC 1-1.5-2 could create questions as to whether discussions of a proceeding even after fully adjudicated might be considered prohibited ex parte communications. Removing any time limitation whatsoever on when a proceeding is considered pending would create an ex parte policy that dramatically chills conversations between the IURC, rate-payers, advocacy groups, and public utilities, thus generating significant procedural inefficiencies. Additionally, such a policy would be extremely impractical to administer because it would create unending questions over whether various comments or conversations-from years ago or related to cases decided years ago-might be considered ex parte communications. Accordingly, the IURC declines to accept the OUCC's suggestion to eliminate 170 IAC 1-1.5-2. Comment #7: The OUCC suggested various revisions to 170 IAC 1-1.5-3 and 170 IAC 1-1.5-4 including taking out all of the "particular" proceeding language, arguing that it improved readability and to avoided confusion as to the scope and applicability of the rule. Response #7: The general purpose of the IURC's ex parte rules is to prevent parties to docketed proceedings from having or gaining an unfair advantage in such proceedings through ex parte communications. Therefore, the rules prevent parties and their representatives from communicating ex parte with those deciding, advising, or otherwise presiding over a proceeding with regard to the issues being decided in that proceeding. As written, the OUCC's revisions to 170 IAC 1-1.5-3 and 170 IAC 1-1.5-4 dramatically expands the scope of the IURC's ex parte rules by enlarging this prohibition to include any employee of the IURC, even those who have no association with the proceeding being discussed. Expansion of the ex parte rules in this way is unwarranted because it would create procedural inefficiencies. For example, as written, the provisions suggested by the OUCC would prevent a technical employee of the IURC who is designated as testimonial staff from discussing a docketed proceeding with a colleague or supervisor despite the colleague or supervisor having no advisory or decision-making capacity regarding that proceeding. Such a restriction would hinder the IURC's ability to carry out its statutory purposes while offering no additional protection to the integrity of docketed proceedings beyond what is already provided by the IURC's ex parte rules. Accordingly, the IURC declines to adopt these changes proposed by the OUCC. Comment #8: The OUCC suggested deleting the new "specific issue of fact or law to be decided" language in 170 IAC 1-1.5-3 arguing that the change would improve readability and avoid confusion as to the scope and applicability of the rule. Response #8: As explained in response to the OUCC's Comment #7, the purpose of the ex parte rules is to prevent parties to docketed proceedings from having or gaining an unfair advantage in such proceedings through ex parte communications. Communications which are not related to the particular issues of fact or law to be decided in a docketed proceeding do not risk compromising the integrity of that proceeding. Therefore, far from creating confusion as to the scope and applicability of the ex parte rules, the language at issue clarifies the scope of the rules and ensures they are properly tailored to their purposes. Accordingly, the IURC declines to remove the language in question from 170 IAC 1-1.5-3. IURC did not receive any other comments during the public comment period. REQUEST FOR PUBLIC COMMENT IURC is soliciting public comment on the proposed rule. Comments may be submitted in one of the following ways: COMMENT PERIOD DEADLINE All comments must be postmarked or time-stamped not later than November 16, 2026. The rule, Regulatory Analysis, appendices referenced in the Regulatory Analysis, and materials incorporated by reference (if applicable) are on file at the Indiana Utility Regulatory Commission, 101 West Washington Street, Suite 1500 East, Indianapolis, Indiana and are available for public inspection. Copies of the rule, Regulatory Analysis, and appendices referenced in the Regulatory Analysis are available at the Indiana Utility Regulatory Commission office. This notice is for the second of two (2) thirty (30) day periods in which the public may comment on the proposed rule. Following this second public comment period, IURC may adopt a version of the proposed rule that is the same as or does not substantially differ from the text of the proposed rule published in this notice. EXPLANATION OF DIFFERENCES IN PROPOSED RULE IURC has not made any changes to the proposed rule based upon any comments received during the public comment period. PROPOSED RULE Sec. 1. This rule shall govern governs the practice and procedure in cases and other matters before the commission arising under the acts of the general assembly conferring powers upon the commission, and under its statutory authority, except for rulemakings, which shall be are governed by IC 4-22. Technical and readability specifications related to electronic filing shall must be noted on the commission's electronic filing system or in a general administrative order. Sec. 2. The following definitions apply throughout this rule: Sec. 3. (a) Except as provided in subsections (b), (c), (d), and (e), the filing of a communication, paper, or pleading with the commission shall must be made through the electronic filing system. The filing shall must comply with this rule and the companion technical and readability specifications as noted in section 1 of this rule. The filing will be file stamped by the commission to reflect the date the filing was received by the commission. A filing made through the electronic filing system is considered filed on the date reflected in the notice of receipt associated with the filing. Electronic filing must be completed before midnight to be considered filed that day, and compliance with filing deadlines is determined in accordance with prevailing local time in Indianapolis, Indiana. (b) Filings related to: may be made through the electronic filing system. Alternately, Alternatively, those filings may be made by email or U.S. mail. The initial informal complaint may also be made by telephone or in person. (c) When filing through the electronic filing system is prevented by technical problems, the filer shall do the following: (d) A presiding officer at a hearing may permit appropriate pleadings or other papers to be filed with the presiding officer at the hearing. (e) Unless otherwise provided by this rule, the petitioner or other party shall file pleadings through the electronic filing system. A presiding officer or the commission may require that hard copies be provided as follows: (f) Time periods within which to make filings with the commission are given in calendar days unless otherwise stated. In computing a period of the time prescribed or allowed by this rule, by order of the commission or the presiding officer, or by an applicable statute that does not contain a provision regarding computation of time, the day of the act, event, or default from which the designated period of time begins to run shall is not be included, and as follows: Sec. 3.5. (a) The following may be remitted to the commission: (b) Except as noted in subsection (c), payment may be made: payable to the Indiana utility regulatory commission. (c) Remittances in payment of the statutory fees for issuing: by municipalities under IC 8-1-2-85 shall must be made by check, payable to the treasurer of the state of Indiana and delivered to the secretary of the commission. Sec. 4. (a) If a party desires to file with or submit to the commission a writing, paper, report, study, map, photograph, book, card, tape recording, or other material that the party believes is confidential in accordance with IC 8-1-2-29 and IC 5-14-3, the party shall must do the following: (b) For motions filed under subsection (a)(1)(A), the written application for a confidentiality finding must be served on the parties of record. After five (5) days, or earlier if the parties have indicated they shall do not object, or as ordered by the presiding officers following an application by a party under this subsection, the commission may take at least one (1) or more of the following actions: (c) For petitions filed under subsection (a)(1)(B), the following applies: (d) The application required by subsection (a) shall must be accompanied by the sworn statement or testimony of a party setting forth sufficient facts that describes describe the following: (e) At the request of the presiding officer or a party, an in camera inspection shall be conducted for the purpose of hearing argument on confidentiality of information submitted under this section. If an in camera inspection is conducted under this section, the information for which confidential treatment is requested shall must be made available during the in camera inspection on a provisional basis for the limited purpose of determining its confidentiality. An in camera inspection conducted under this section may, at the discretion of the presiding officer, be publicly noticed under IC 8-1-1-8. (f) If, during the in camera inspection, the presiding officer determines that the information in question is not confidential or is only partially confidential, the commission shall maintain the confidentiality of the information until: whichever occurs later. (g) Information filed with or submitted to the commission prior to a finding by the commission that the information is confidential shall must be available to the public under IC 8-1-2-29. (h) Parties seeking protective orders to prevent or limit discovery of trade secret or other confidential: information shall make a separate motion under Indiana Rules of Trial Procedure 26(C). (i) After receiving a preliminary determination that material is entitled to confidential treatment, the following applies: Sec. 5. (a) An individual or an entity may informally complain to consumer affairs, as defined by 170 IAC 16-1-2, with respect to a matter within the jurisdiction of the commission. (b) An informal complaint is without prejudice to the right to file a formal petition under IC 8-1-2-54. (c) An informal disposition rendered by consumer affairs may be appealed by a party thereto, under IC 8-1-2-34.5upon written request for appeal filed with the commission within twenty (20) days after the determination by the director of consumer affairs or the director's designee, as provided in 170 IAC 16-1-6. (a), is rendered in writing. Prior to issuing an order on the appeal, the commission shall afford the parties notice and an opportunity to be heard. (d) Commission review of a decision by the director is generally limited to a review of the consumer affairs record as compiled during the review conducted under 170 IAC 16-1-5 and to the issues contained therein. by 170 IAC 16-1-6(c). Sec. 5.5. (a) The following definitions in this subsection apply throughout this section: (b) If a person who that receives notice under 170 IAC 5-5-3(f) requests a hearing as follows, the request must: (c) The division's case-in-chief shall must include, at a minimum, the following documents: (d) The advisory committee's case-in-chief shall must include, at a minimum, the following documents: Sec. 6. The public, as a class, shall be deemed a party in a proceeding in which the office of utility consumer counselor shall appear appears on behalf of the public. However, individuals or groups may be granted intervention and be represented by independent counsel. Sec. 7. (a) An appearance shall must be filed as a separate document. (b) A person filing an appearance pro se to represent his or her their own interest is required to: (c) The interest of another person or entity may only be represented by an attorney admitted to practice before the Indiana supreme court in good standing, except: (d) An attorney that is not admitted to practice before the Indiana supreme court in good standing, but is a member of the bar of another state or territory of the United States or the District of Columbia, must apply for and receive temporary admission through the Indiana Rules for Admission to the Bar and the Discipline of Attorneys Rule 3, Section 2 prior to practicing law before the commission. Upon being granted limited admission to practice before the commission, an attorney must do the following: (e) A withdrawal of appearance by an attorney on behalf of a party must: (f) Except for good cause shown, a request for withdrawal of appearance by an attorney must be filed with the commission at least ten (10) days prior to the next scheduled hearing date. Sec. 8. (a) An attorney eligible to practice before the commission shall sign, or provide a signature equivalent in the electronic filing system, pleadings filed with the commission or as otherwise required by statute or as follows: (b) Petitions and complaints may be amended or supplemented upon written or oral motion. Leave to amend a petition or complaint shall be freely granted upon failure of another party to the proceeding to demonstrate undue prejudice. If the amended or supplemented petition or complaint seeks relief substantially different than that originally prayed for: (c) A party may amend his or her their pleading once as a matter of course before a responsive pleading is served, or, if the pleading is one to which no responsive pleading is permitted and the cause has not been set for an evidentiary hearing, he or she the party may amend it within thirty (30) days after it is served. Otherwise, a party may amend his or her their pleading only by leave of the presiding officer or by written consent of the adverse party, and leave shall be given when justice requires. A party shall plead in response to an amended pleading within: whichever period may be longer, unless the presiding officer otherwise orders. (d) The signature, or signature equivalent in the electronic filing system, of the party, if an individual, or of a duly authorized representative, if the party is an entity, or of the attorney for the party constitutes a certificate that: If a pleading or other document is not signed, or a signature equivalent is not provided in the electronic filing system, as required in this subsection, the pleading may be stricken and the action may proceed as though the pleading had not been served. Except as required by law, pleadings or motions need not be verified. Where a pleading or other document is required to be verified, or where an oath is required to be taken, it is sufficient if the subscriber simply signatory affirms the truth of the matter to be verified by an affirmation or representation in substantially the following language: "I (we) affirm under penalties for of perjury that the foregoing representation(s) is (are) true to the best of my (our) knowledge, information, and belief. Signed _________________________________ Date ___________________________________". (e) An individual who knowingly falsifies an affirmation or representation of fact is subject to the same penalties as prescribed by law for perjury under IC 35-44.1-2-1. (f) A pleading of a party represented by an attorney must: This subsection does not apply to pleadings and motions made orally and transcribed as a result of a hearing. Sec. 9. (a) In addition to the matters required by section 8 of this rule, Petitions must comply with the requirements of the statute under which they are filed and must contain the following: (b) In a utility rate proceeding where the petitioner in its petition requests a specific test year and cutoff date, the commission or presiding officers shall, in consultation with the parties at the time of the prehearing conference or by agreement of the parties in writing as set forth in section 15 of this rule, by order, fix the test year and cutoff date for purposes of accounting, engineering, and other evidence to be presented in the proceeding, which shall be binding upon the parties. (c) In a proceeding in which the petitioner is required by law to publish notice of the filing of the petition, the petitioner shall, following publication of the notice, certify to the commission that the publication has occurred, listing the names of the newspapers and the county or counties in which the notice was published. (d) In a proceeding in which the petitioner is required by law to publish notice through a newspaper, the petitioner shall certify to the commission that a substantially similar notice was also posted on the petitioner's website or provide a verified statement as contemplated by section 8(d) of this rule that the petitioner does not have a website or could not add the posting without substantial cost or hardship and explain why. Sec. 10. (a) In addition to the matters required by sections 8 and 9 of this rule, Complaints filed pursuant to under IC 8-1-2-54 must also state the name of each respondent and individual or entity, if any, who, that, under an applicable statute or commission rule, is required to be named in the complaint because of the individual's or entity's interest or possible interest in the subject matter. The complaint must state the address of each respondent, individual, or entity, if known. If the address is unknown, the complaint must state that the parties joining in the complaint have been unable to ascertain the address upon reasonable inquiry. (b) Concurrently with the filing of a complaint with the commission, the complainant shall serve a copy on each named respondent. (c) Answers to a complaint must conform to the following: Sec. 11. (a) A petition to intervene may be filed by a person or an entity alleging a substantial interest in the subject matter of the proceeding in which the person or entity requests leave to intervene. (b) Petitions to intervene shall must set out clearly and concisely facts showing the following: (c) A petition to intervene shall must be filed not less than five (5) days prior to the date set for the initial public evidentiary hearing on the merits. A petition to intervene may be filed and granted thereafter at the discretion of the presiding officer, upon good cause shown. (d) If a petition to intervene satisfies this section and shows the proposed intervenor has a substantial interest in the subject matter of the proceeding or a part thereof, and the proposed intervenor's participation will not unduly broaden the issues or result in unreasonable delay of the proceeding, the presiding officer may grant the prayer for leave to intervene, in whole or in part and, thereupon, when granted intervention, the intervenor becomes a party to the proceeding with respect to the matters set out in the intervention petition. (e) An intervenor is bound by rulings and other matters of record prior to the time the intervenor is made a party and takes the case as the intervenor finds it as of the date of intervention. (f) Petitions to intervene when filed with the commission, shall must show service thereof upon the parties to the proceeding, in conformity with section 13 of this rule. (g) A party may object to a petition to intervene, and, absent objection, thereto, may be deemed to have waived an objection to the granting of the petition. A response shall must be filed within seven (7) days after service of the petition to intervene unless the presiding officer prescribes a different time. The response shall must be served on the other parties. A reply to the responses shall must be filed within five (5) days after service of the response unless the presiding officer prescribes a different time. Responses or replies may be made orally at the time of the hearing or prehearing conference if there exists insufficient time prior to the hearing or conference to make a written response or reply according to the deadlines provided under this section. Sec. 12. (a) A motion must state the grounds therefor and the relief sought. Parties may file motions: (b) Motions based on a matter that does not appear of record shall must be supported by affidavit. (c) Motions may be accompanied by supporting memoranda. in support thereof. (d) A party may make a motion in writing. Motions made during hearings may be stated orally upon the record. The presiding officer may require that oral motions be: (e) Responses to motions made during hearings may be stated orally on the record, or the presiding officer may require that oral responses be: (f) A response to a written motion must be filed with the commission within ten (10) days after service of the motion unless the presiding officer prescribes a different time or unless it is an objection to a request for confidential treatment under section 4(a)(1)(A) of this rule. (f) (g) The moving party may reply to a response made to the party's motion. A reply to responses made orally during a hearing may be stated orally on the record, or the presiding officer may require that a reply be reduced to writing and filed separately. A written reply to a response shall must be filed with the commission within seven (7) days after service of the written response or after the response is made orally on the record unless the presiding officer prescribes a different time. (g) (h) A presiding officer is authorized to rule upon motions. No ruling by a presiding officer upon a motion shall be deemed a final ruling of the commission for purposes of IC 8-1-3-1 until the commission: (h) (i) Motions not specifically provided for by this section shall must be made in accordance with an applicable Indiana Rule of Trial Procedure, applicable, consistent with section 26(a) of this rule. Sec. 13. (a) First class mail must be used when service is required by United States U.S. mail. (b) Service by the commission is described in this subsection. Unless the commission or a presiding officer specifies another method, orders, notices, and other documents originating with the commission shall must be served by email through the electronic filing system. When a party designates multiple persons to receive service, a presiding officer may limit service to one (1) or more persons per party. (c) Petitions instituting proceedings shall must be served by the petitioner upon the following: (d) Service by parties is described in this subsection. Pleadings, briefs, and other documents filed in proceedings pending before the commission shall must be served on the parties in the proceeding, including the office of utility consumer counselor on the same day the pleading, brief, or other document is filed with the commission, except as may be otherwise ordered by the commission: (e) In a proceeding where an attorney has filed a pleading or other document on behalf of a party or has entered an appearance under section 7 of this rule, a notice or other written communication required to be served on or furnished to the party shall must be served upon or furnished to the attorney in the same manner as prescribed for the party. When a party has appeared by attorney, service on that attorney is service on the party and separate service on the party is not required. (f) The date of service is the day the document served is: (g) Whenever a party has the right or is required to do an act or take an action within a prescribed period after service on the party of a pleading, notice, or other document by United States U.S. mail, that party has three (3) additional days to the prescribed period unless the presiding officer or this rule otherwise provides. (h) A dated certificate of service must accompany and be attached to a pleading or other document filed with the commission when service is required and shall identify those served. (i) (h) An interested person or entity who that is not admitted to a proceeding as a party may receive notices, docket entries, orders, and other documents relating to the proceeding issued by the commission by subscribing to the case in the electronic filing system. However, an interested nonparty shall not be added to the service list maintained by the secretary of the commission for that proceeding and the fact that a person or an entity is subscribed to a case does not negate a party's normal service obligations. Sec. 14. (a) The commission shall, at the request of a party, issue subpoenas for the attendance of witnesses and subpoenas duces tecum. Subpoenas shall not be issued for commission staff unless the staff is designated as testimonial staff in the proceeding. Subpoenas shall must be signed by the secretary of the commission or a commissioner and shall be issued under the seal of the commission. (b) Parties shall prepare subpoenas for issuance and shall be responsible for service. Service must be shown by the return of the sheriff or the affidavit of the party or attorney serving the subpoena. The return or affidavit shall must be filed promptly with the commission. (c) Upon motion made at or before the time specified for compliance in the subpoena, the presiding officer or commission may quash or modify the subpoena if it is unreasonable, oppressive, or untimely. (d) In addition to the other requirements of this section, subpoenas to secure the examination or testimony of a member of commission staff who is designated as testimonial staff, in a deposition or at a formally docketed hearing, shall must do the following: (e) A subpoena to secure the testimony of a member of commission staff who is designated as testimonial staff in a formally docketed proceeding before the commission may not be issued less than forty-eight (48) hours five (5) days prior to the commencement of the hearing in which the testimony shall be given, except upon written leave granted by the presiding officer for good cause shown. Sec. 14.5. (a) The commission may require, by order or subpoena, the production of a public utility's books, accounts, papers, or records. (b) The commission may assess monetary penalties for failing to comply with a commission order or subpoena made under this section. In determining the monetary penalty amount under IC 8-1-2-50, the commission shall consider IC 4-22-2-19.6(d) and the following factors: Sec. 15. (a) To: (a) The commission may require preliminary hearings, which include prehearing, technical, and attorney conferences, among parties to the proceeding prior to the commencement of an evidentiary hearing on the merits of the petition or complaint. Prehearing conferences shall be convened on the record of the proceeding following proper publication of notice and notice to the parties. (b) The commission, or the presiding officer, with or without motion, and after due consideration, of the probability of beneficial results to be derived therefrom, may direct: When a petitioner requests in its petition that a date be promptly fixed for a prehearing conference in the proceeding, the prehearing conference shall be held within forty-five (45) days following the date of filing of the petition. (c) The presiding officer may consider, among other things, the following at a prehearing conference: (d) Representatives of the parties shall: In the absence of agreement among parties with respect to procedure and related issues, the parties, unless appearing pro se, shall be prepared to have an attorney present to introduce evidence necessary to assist the presiding officer to make factual determinations required to order proper disposition of preliminary matters. (e) If the parties have previously reached agreement on procedural matters to be considered at a prehearing conference, the agreement may be reduced to writing and filed for approval in lieu of the prehearing conference. (f) Failure of a party to attend a preliminary hearing, after being served with due notice of the time and place thereof, shall constitute waiver of objections to agreements reached by the parties in attendance at the preliminary hearing and to the disposition of issues on which evidence was taken at the preliminary hearing as reflected in an order or ruling made at the preliminary hearing or issued as a result of the preliminary hearing. If a party is excused from attendance at the prehearing conference, the determination of whether a waiver of objections to agreements or the disposition of issues still applies is at the discretion of the presiding officer. (g) The presiding officer is authorized, but not limited, to take the following actions at attorney and technical conferences: Sec. 16. (a) Parties shall be are entitled to use the discovery provisions of Rules 26 through 37 of the Indiana Rules of Trial Procedure as from time to time amended by the Indiana supreme court or general assembly. (b) A party may issue a written request for discovery to another party. Unless otherwise directed by the presiding officer, if the party against whom the discovery is directed does not satisfy the request within ten (10) calendar days following receipt thereof or reach an agreement with the requesting party as to the nature, scope, and time for the requested discovery, the party seeking discovery may make written application to the commission for an order compelling discovery, specifically setting forth and detailing the: The presiding officers officer shall thereupon grant, grant in part, or deny the application and shall promptly advise the parties of its their determination. Where the application is granted, in whole or in part, the party against whom discovery is sought shall allow discovery as specified by the presiding officers. officer. No continuance of a scheduled hearing shall be granted for inability to complete discovery unless the parties have complied with the foregoing provisions. (c) To serve the public interest and expedite the discovery process, the presiding officer, with or without motion, may call one (1) or more informal attorneys' conferences for the purpose of discussing, hearing argument on, and resolving discovery disputes, including discovery issues and discovery schedules. The presiding officer may: The presiding officer shall reduce to writing in the form of a docket entry rulings made at the attorneys' conference. (d) Parties may request a protective order pursuant to under the requirements set forth in Indiana Trial Rule 26(C) and, as appropriate, section 4 of this rule. Upon a On request, the presiding officer may grant appropriate protective relief, which may include an informal, off the record attorneys' conference to conduct an in camera review of the material sought in discovery. Sec. 16.5. (a) Parties may voluntarily choose engage in mediation in an attempt to resolve some or all of the issues on which they disagree. (b) The commission may propose mediation guidelines in a general administrative order. Sec. 17. (a) It is the policy of the commission to review and accept appropriate settlements. Nothing contained in this section shall be construed as precluding parties in a proceeding from submitting, prior to the issuance of a final order in the proceeding, settlement proposals or from requesting a hearing for that purpose. (b) Settlement agreements by some or all of the parties to a proceeding may be filed with the commission and received into evidence as part of the record of the proceeding. (c) The commission may reject, in whole or in part, a proposed settlement under this section if the commission determines that the settlement is not in the public interest. In the event that the commission rejects a proposed settlement, in whole or in part, the commission must state on the record or by written order the reasons for the rejection. (d) The settlement must be supported by probative evidence. Sec. 18. (a) Hearings must be conducted by a commissioner or an administrative law judge. (b) The presiding officer may make rulings with respect to pleadings and other matters not ruled upon. (c) The presiding officer conducting the hearing must shall enter upon the record appearances, with a notation on whose behalf the appearance is made. (d) In hearings upon complaints or petitions, the complainant, petitioner, or other party having the burden of proof must shall open and close the presentation of evidence and arguments. In hearings on investigations and in proceedings that have been consolidated for hearing, the presiding officer may direct who shall open and close the record. In proceedings where the evidence is particularly within the knowledge or control of another party, the presiding officer may vary the order of presentation. The presiding officer may, at any time during the hearing, limit repetitive or redundant: If the commission initiated the proceeding, the proceeding may be opened by presentation of a report prepared at the direction of the commission under IC 8-1-1-5. (e) When objections to the admission or exclusion of evidence before the commission or the presiding officer are made, the objecting party must shall briefly state the grounds relied upon. (f) The presiding officer may, at his or her their discretion, permit a party to furnish designated exhibits after the close of the hearing with copies to the parties of record. The presiding officer must shall specifically describe and assign an identifying exhibit number at the time of hearing and may admit it into the record of the proceeding with physical production at a later time, provided a party does not object, or if a party objects, the presiding officer shall direct the mode of admissibility, including granting the objecting party reasonable opportunity to question the sponsor of the exhibit regarding its contents. However, this subsection does not make evidence admissible that would otherwise be inadmissible. (g) The direct testimony of a witness for a party may be presented in written question and answer form and must have related exhibits attached unless the presiding officer prescribes another format. Unless otherwise provided by the presiding officer, prepared testimony and exhibits must be filed with the commission in accordance with section 3 of this rule and served on the parties to the proceeding within the deadline established by the preliminary hearing order or docket entry of the presiding officer. However, nothing in this section requires the prefiling of testimony without the specific order of a presiding officer or the commission. (h) Unless otherwise approved by the presiding officer, exhibits that are offered as evidence in a hearing must be: or electronic copies stored on a medium that is accessible by commission staff, and, only if confidential, marked confidential on the medium, filename, and within the exhibit, if possible. (i) Unless otherwise directed by the commission, prefiled testimony, when properly authenticated by the witness under oath or affirmation, may be offered as an exhibit. The written testimony shall be is subject to the same rules of admissibility and cross-examination of the sponsoring witness as if the testimony were being presented orally. (j) A party to a proceeding may move in writing for an extension of time in which to prefile testimony. The motion shall must be filed prior to the time set for the filing of the testimony unless a supporting affidavit establishes that the facts, which are the basis of the motion, did not then exist or were not then known to the moving party. For good cause shown, the presiding officer may reschedule a hearing to a later date, if necessary, and fix the extension of time in which to prefile the testimony to avoid undue delay and provide reasonable opportunity for the parties to properly prepare their cases. Parties shall be given an opportunity to object to a motion for extension of time. (k) With the approval of the presiding officer, corrections or changes in the stenographic record may be made upon the written agreement of the parties of record filed with the commission within ten (10) days after parties have been notified that the stenographic record has been completely transcribed. Other corrections or changes may be made only upon order of the commission. (l) Parties may obtain copies of the stenographic record from the official reporter upon payment of the reasonable cost fixed by general administrative order of the commission as per IC 8-1-3-8. (m) Following due legal notice of the initial evidentiary hearing on the merits, having been given and published as required by law, notice of further hearings or other matters agreed upon or ordered by the presiding officer at the hearing or in a docket entry do not need to be published. It is the obligation of counsel and parties to a formally docketed cause to keep themselves informed of actions taken in a proceeding before the commission. (n) After being duly notified, a party who that fails to be represented at a scheduled conference or hearing in a proceeding is deemed to have waived the opportunity to participate in the conference or hearing, and is deemed to have consented to, and may not be permitted thereafter to reopen, a matter resolved or accomplished at the conference or hearing, and may not be permitted to recall for further examination witnesses who were excused unless the presiding officer determines that the failure to be represented was unavoidable or that the interests of the other parties and of the public would not be unduly prejudiced by permitting the reopening for further examination. If a witness is recalled for further examination, then the recalling party must pay the expert fees, costs, and expenses. (o) Parties to a proceeding may not offer comments at public field hearings associated with the proceeding. Sec. 19. (a) Causes sharing common issues of fact or law may be consolidated at the discretion of a presiding officer. (b) A consolidated cause shall must continue to list the cause number of the earliest filed case. The presiding officer may keep the underlying captions or create a new caption for the consolidated cause. (c) Where When at least two (2) or more proceedings are consolidated for hearing, the presiding officer shall determine the order in which the parties introduce evidence. Sec. 19.5. (a) Causes with issues or facts discreet discrete from the main docketed proceeding may be broken into one (1) or more sub-dockets at the discretion of a presiding officer. (b) A party to the main docket that wants to be a party in the sub-docket shall file an appearance as outlined in section 7 of this rule. (c) A person or an entity not a party to the main docket that wants to be a party in the sub-docket shall file a petition to intervene as outlined in section 11 of this rule. Sec. 20. A party may move for continuance of a hearing or filing deadline. Contested The moving party must state whether the other parties to the case agree or oppose the proposed continuance. If the moving party cannot determine the other parties' positions at the time of the filing, the moving party must provide the dates and times of, and the method or methods used in, the attempts to reach the other parties. Motions for continuance of a hearing filed within seven (7) days of the hearing must be verified. If the motion for continuance of a hearing is contested, the moving party must state the positions of the other parties to the case on the issue of continuance. Sec. 21. (a) The presiding officer has necessary authority to control the receipt and admissibility of evidence, including, but not limited to, the following: (b) Except as otherwise provided in this rule, when writings, recordings, or photographs are offered in evidence, copies shall must be furnished to the presiding officer and to the parties present at the hearing unless the presiding officer otherwise directs. The presiding officer may require a party to furnish additional copies of exhibits. (c) Verified petitions, complaints, and answers thereto, and similar verified documents upon which hearings are held, may, without further action, be admitted into evidence: (d) A party may move for the admission of evidence into the record upon presentation of the sponsoring witness, after authentication, or pursuant to under stipulation or agreement. (e) An offer to prove of proof may be requested when a ruling has been made holding that the witness was not competent to testify or that the evidence to be offered was inadmissible. An offer to prove of proof may also be made when the presiding officer has sustained an objection to the admission of tangible evidence. If the proffered evidence is tangible, the commission shall mark it for identification purposes and that constitutes the offer to prove. of proof. If the proffered evidence is oral testimony, the offer to prove of proof must consist of a summary of the evidence that the counsel contends would be adduced by the testimony. The presiding officer may, when requested, permit an offer to prove of proof to be made orally or by the written prefiled testimony of a witness. The presiding officer may also request a statement of the basis for admissibility of the evidence. Sec. 21.5. (a) The commission shall take administrative notice of a fact that must be judicially noticed by a court of Indiana. (b) The commission may take administrative notice of a fact on its own or upon a party's motion if the parties are: In the absence of prior notification, the request may be made after administrative notice has been taken. (c) A request by a party for administrative notice of a factual matter that should be included in a party's prefiled testimony shall must be made at the same time the related evidence is prefiled. (d) A party requesting administrate administrative notice must submit at the evidentiary hearing a hard copy of the documents to be offered into evidence. (e) Documents administratively noticed by the commission shall become part of the record for the proceeding. (f) The commission and parties may cite to the commission's orders and administrative rules without taking administrative notice of those documents. Sec. 22. (a) After the record is closed, but before a final order is issued, a party to the proceeding may file with the commission and serve upon the parties of record a petition to reopen the proceeding for the purpose of taking additional evidence. (b) A petition to reopen the record shall must set forth clearly the facts claimed to constitute grounds requiring reopening of the proceeding, including the following: A petition to reopen the record shall must be verified or supported by affidavit. (c) Within ten (10) days following the service of the petition to reopen upon the parties to the proceeding, any other party may file a response to the petition unless the presiding officer shall prescribe prescribes a different time. A reply to the responses shall must be filed within seven (7) days following service of the response unless the presiding officer shall prescribe prescribes a different time. (d) Before a final order is issued, and upon notice to the parties, the commission, on its own motion, may reopen the proceeding for the receipt of further evidence if justice so requires. (e) Following a final order, a party to a proceeding may file with the commission and serve upon the parties of record a petition for rehearing and reconsideration within twenty (20) days of the entry of the final order, unless an applicable statute shall specifically fix fixes a longer period. The following are required for a petition for rehearing and reconsideration: (f) Upon filing of a written request for the record as provided by IC 8-1-3-4, a copy of the request for the record must be served upon the office of the attorney general of Indiana on the same day the request is filed with the commission. Sec. 23. (a) Briefs and proposed orders are to be filed and oral arguments heard only at the request of the presiding officer. at the times fixed therefor. (b) Briefs and proposed orders shall must be filed with the commission, with an editable version emailed to the administrative law judge assigned to the proceeding, and a copy served by the submitting party upon the other parties to the proceeding, the service and proof thereof to be in accordance certificate of service to comply with section 13 of this rule. (c) Posthearing briefs and proposed orders are not evidence and therefore are not part of the evidentiary record on which the commission may rely for support of its factual findings. Sec. 24. (a) The commission may in its discretion, dismiss a proceeding that has been pending upon the commission docket: (b) Prior to the dismissal, the commission shall notify the parties to the proceeding of its intention to dismiss in accordance with section 13 of this rule. Notice shall must be served at least ten (10) days prior to the entry of dismissal. Sec. 25. (a) A ruling of a presiding officer may be appealed to the commission. The determination of the commission, when made, shall must be noted in the record and, if made after the hearing is closed, the commission shall advise the parties of record of the determination. (b) Appeals of a presiding officer's oral ruling during a proceeding of record may be made orally, and must be made immediately following the ruling that is appealed. Unless granted additional time by a presiding officer, appeals of docket entry rulings must be made in writing and served on the parties within six (6) business days following the date of the docket entry. (c) Written appeals to the commission shall be served by the appealing party on the other parties on the same day the appeal is filed with the commission. Any other party wanting to be heard with respect to an appeal to the commission shall file a brief setting forth its position by the fifth day following service of the appeal. The appealing party may file a reply to a response within five (5) days after service of the response. The provisions of section 12 of this rule relating to motions generally do not apply to the extent they are in conflict with this section. (d) Further proceedings in the cause shall must be governed according to the commission's determination of the appeal. (e) An appeal to the commission does not stay proceedings unless the presiding officer or the commission, on its own motion, orders a stay to protect the substantive rights of any of the parties. (f) Absent a ruling of the presiding officer being overruled by the commission under this section, rulings of the presiding officer are considered rulings of the commission upon the issuance of a final order in a cause. Sec. 25.5. The commission shall set reporter fees by issuing a general administrative order under IC 8-1-3-8 setting forth that specifies a schedule of reasonable reporter fees. Sec. 26. (a) The commission may be guided generally by relevant provisions of the Indiana Rules of Trial Procedure and the Indiana Rules of Evidence to the extent they are consistent with this rule. (b) This rule shall be is subject to special rules, regulations, or orders of the commission in effect, from time to time, under or pursuant to the provisions of laws of the United States of America or regulations or requirements of a federal agency or commission thereunder. in matters under the commission's statutory authority. Sec. 1. (a) The definitions in this section apply throughout this rule. (b) "Commission" refers to the Indiana utility regulatory commission. (c) "File a report" means written testimony filed by or oral testimony presented by, or both, a technical employee in a pending proceeding. (d) (c) "Formal public hearing" means a hearing contemplated by IC 8-1-2-61.5. (e) (d) "Proceeding" means a formally docketed proceeding before the commission. The term does not include nondocketed matters, including, but not limited to, the following: (f) (e) "Public field hearing" means a hearing conducted in a county in which the utility provides service for the purpose of allowing the utility's customers and others with a substantial interest in the matter who that are not parties to offer comments. It is not a formal public hearing contemplated by IC 8-1-2-61.5. (g) (f) "Technical employee" means an employee within one (1) of the commission's technical divisions. Sec. 2. For purposes of this rule, a proceeding is considered pending from thirty (30) days before the date of filing until to the date the commission issues a final order in the proceeding and until: Sec. 3. (a) Unless required for the disposition of ex parte matters specifically authorized by statute, rule, or order of the commission, members of the commission, an attorney assigned to a particular proceeding as an administrative law judge, and a technical employee assigned to advise the commission in a particular proceeding may not communicate, directly or indirectly, regarding an a specific issue of fact or law to be decided in a proceeding while the proceeding is pending with: without notice and opportunity for all parties to participate in the communication. (b) Unless required for the disposition of ex parte matters specifically authorized by statute, rule, or order of the commission, a person described in subsection (a)(1), (a)(2), (a)(3), (a)(4), (a)(5), or (a)(6) may not communicate, directly or indirectly, regarding an issue of fact or law to be decided in a proceeding while the proceeding is pending with: without notice and opportunity for all parties to participate in the communication. (c) For the purposes of this rule, the director and staff of the commission's consumer affairs division are not parties in docketed proceedings and may be communicated with at any time, including after a consumer affairs division decision or referral is docketed before the commission, by members and employees of the commission and by those listed in subsection (a). (d) This section does not prohibit a person from communicating ex parte with a member or employee of the commission with respect to undisputed administrative or procedural matters in connection with a proceeding. (e) Only to the extent not otherwise inconsistent with this rule, a person may make educational or informational communications that are not intended to persuade or advocate a position on an issue of fact or law to be decided in a particular proceeding while the proceeding is pending. Sec. 4. (a) Except as provided in subsection (b), members of the commission, its attorneys, and technical employees may communicate with one another regarding a particular proceeding pending before the commission. (b) An attorney assigned as counsel to a member of commission staff who is designated as testimonial staff, a technical employee directed to file a report assigned as testimonial staff in a particular proceeding, or a member of commission staff who is designated as testimonial staff may not communicate regarding the particular proceeding with members of the commission, attorneys not assigned as counsel to a member of commission staff who is designated as testimonial staff, or technical employees not assigned to file a report assigned to advise the commission in that particular proceeding. or designated as testimonial staff. Members of the consumer affairs division as defined by 170 IAC 16-1-2 are not testimonial or technical staff. Sec. 6. (a) A member of the commission, an attorney, or a technical employee who receives a communication, which that person reasonably believes violates this rule, shall: The presiding officer shall admit into the record items tendered under this section. (b) A party shall be permitted an opportunity to respond on the record of the affected proceeding within ten (10) days after notice of the disclosed communication. (c) In a proceeding in which a communication has been disclosed in accordance with subsection (a), the commission or presiding officers may determine whether require additional action is if necessary to maintain a fair and impartial proceeding. Sec. 1. Definitions. (A) Where applicable (a) The definitions set forth in Ind. Ann. Stat., Section 54-105, IC 8-1-2-1 shall be applied to these rules, and apply to this rule. (b) The word "Advertising" shall mean: means: (c) The word "Ratepayer" shall mean any person, firm or corporation, municipality or other political subdivision of the State receiving and means a customer paying for services delivered by a public utility. Sec. 2. Application of Rules. These rules shall apply This rule applies to any a public utility subject to the jurisdiction of the commission. which is engaged in the conveyance of telegraph or telephone messages, or in the production, transmission, delivery or furnishing of heat, light, water or power, or in the collection, treatment, purification and disposal in a sanitary manner of liquid and solid waste, sewage, night soil and industrial waste. Sec. 3. Advertising Allowed. (a) No advertising expenditure of a public utility shall be taken into consideration by the commission for the purposes of establishing rates unless such the advertising will produce a material benefit for the ratepayers. (b) Each such A public utility should make every effort to minimize advertising expenses and costs. (c) As used in these rules this rule, advertising expenditures shall include costs of advertising directly incurred by the public utility and those costs of advertising incurred by contribution to parent or affiliated companies. Sec. 4. Material Benefit. Advertising expenditures which that "produce a material benefit" are, without limitation because of enumeration: include: Sec. 5. Burden of Proof. The utility shall have the burden of proving that any advertising cost or expenditures proposed for inclusion in its operating expenses for rate making purposes within a given test year fall within the categories enumerated in section 4 of this rule, 4 or where are otherwise of material benefit to its ratepayers. Sec. 1. (a) This rule is intended to establish thirty (30) day administrative filing procedures for certain requests by a utility for changes in: that are outside the context of a general rate case and that are not subject to other commission rules establishing specific filing requirements for the subject matter of the filing. (b) Under IC 8-1-1-5 and as defined in this rule, only noncontroversial filings may be approved under this rule. (c) This rule may also be used by a clean energy resource that provides thermal energy for approval of an alternative equation to determine the number of clean energy credits earned for useful thermal energy produced. under 170 IAC 17.1-3-5. (d) A period of thirty (30) days from the date the filing is received by the commission is the minimum amount of time in which approval of changes to rates and charges may occur under IC 8-1-2-42(a), unless the commission has approved an order prescribing a different time frame. Additional time may be required for other reasons including, but not limited to, the following: (e) The regulatory framework contained in this rule is intended to facilitate expedited consideration of administrative filings that do not require a hearing. (f) To ensure that a utility's filing under this rule is consistent with the purpose of the procedures in this rule, the commission division will: subject to the provisions of section 8 of this rule. The commission will make the final determination regarding whether the filing is approved or disapproved. Sec. 2. The following definitions apply throughout this rule: Sec. 3. The following types of filings are allowable under the procedures and guidelines of this rule: Sec. 4. The following types of filings may are not be allowed under this rule: Sec. 5. (a) A filing under this rule must include the following: (b) For tariffs other than intrastate access tariffs, a copy of the items listed in subsection (a) shall must be provided to the OUCC on the filing date. (c) The items listed in subsection (a) shall must be filed through the commission's electronic filing system. A filing made through the electronic filing system is considered filed on the date reflected in the notice of receipt associated with the filing. Electronic filing must be completed before midnight to be considered filed that day, and compliance with filing deadlines is determined in accordance with prevailing local time in Indianapolis, Indiana. Sec. 6. (a) A utility that intends to make a filing under this rule shall provide notice, unless exempted under IC 8-1-2.6-1.5(d), before the filing date by (1) posting the notice described in subsection (b): (b) A The notice in subsection (a) must contain at least the following information: (c) If a utility filing under this rule is already required to provide notice under a commission order, the notice requirements may be combined into one (1) notice; however, the notice must contain at least the information required in subsection (b). Sec. 7. (a) If any a person or an entity has an objection to a filing made under this rule, the objection shall must be filed through the commission's electronic filing system. (b) An objection must be: (c) An objection must include a description of: (d) Within ten (10) calendar days after the objection is emailed to the utility, the utility may submit through the commission's electronic filing system at least one (1) of the following: A filing may be withdrawn at any time before it is presented to the commission for approval under section 8 of this rule. (e) If an objection is resolved to the satisfaction of the: the filing may continue through the recommendation and approval process in section 8 of this rule. Otherwise, if the filing has not been previously withdrawn by the utility, the filing, under IC 8-1-1-5, may not be presented to the commission for consideration on an objection that complies with this section. (f) If an objection that complies with this section is not received by the commission by the deadline specified in subsection (b)(1), the objection may still be: (g) Nothing in this rule shall restrict: Sec. 8. (a) The commission division shall review the filings for its respective utility industry and promptly inform the utility of any: it requires to complete review of the filing. (b) After completing its review, the commission division shall recommend the filing for approval or denial by the commission. If the commission division recommends the filing be denied, it shall notify the utility of its decision in writing through electronic mail by email at least five (5) calendar days before submitting its recommendations to the commission. The utility may withdraw its filing at any time before the date of the conference at which the filing is considered by the commission. (c) If the utility has not previously withdrawn the filing, the commission division shall submit: to the utility articles commission in the utility articles for consideration at the next conference, which must be at least thirty (30) days after the filing date unless the commission has approved an order prescribing a different time frame. (d) A utility may do the following: (e) An intrastate access tariff filing that does not mirror the applicable interstate or intrastate access tariff may be subject to post-filing review by the commission for reasonableness under IC 8-1-2-88.6(b). A tariff determined by the commission or commission division to be subject to this rule, including post-filing changes recommended by the commission division, may be included within the scope of the utility articles subject to approval by the commission at a conference to be held at least thirty (30) days after the filing date. Application of the tariff review process contemplated in IC 8-1-2-88.6(b) is consistent with and does not in any way nullify or restrict the effective upon filing provisions of IC 8-1-32.5-11(c). Sec. 9. (a) The ex parte rules of the commission in 170 IAC 1-1.5 do not apply to communications made in association with a filing under this rule. (b) A filing under this rule and related communications shall not be deemed communications in need of disclosure under 170 IAC 1-1.5-6, even if the filing is: Sec. 1. This rule is intended to establish establishes procedures by which: may file a petition under IC 8-1.5-3-8.3(d) or IC 8-1.5-3-8.3(e) for the commission to review and adjust, if necessary, the rates and charges imposed on customers whose property is located outside the corporate boundaries. Sec. 2. The definitions in IC 8-1.5-3-8.3 and the following apply throughout this rule: 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 must 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 must 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. posted on the commission's website. (c) At the time that the customers file their petition, they shall provide notice to the municipality by providing the following information: (d) At the time that the municipality files its petition, it shall provide notice to the customers by providing the following information: (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: 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 must be submitted in accordance with 170 IAC 1-1.1 and must be: (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: (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 must also be served no not later than the date filed, by email, U.S. mail, or as agreed to by the parties, upon the following: (k) To the extent appropriate and pursuant to under the statutory time limitation, the commission procedures in 170 IAC 1-1.1 shall must be used for proceedings under this rule. Sec. 5. (a) The commission must shall make its determination on a petition within the time allotted in IC 8-1.5-3-8.3(g). (b) If the commission determines that the percentage difference between the rates and charges imposed on customers outside the corporate boundaries and those imposed on customers inside the corporate boundaries is not just, reasonable, and nondiscriminatory under IC 8-1.5-3-8.3, it may, if necessary, establish an additional procedural timetable for the establishment of just and reasonable rates under IC 8-1.5-3-8.3(i). LSA Document #26-167 Notice of First Public Comment Period: June 10, 2026 Last Hearing Held: July 13, 2026 Documents Incorporated by Reference: None Received by Publisher Small Business Regulatory Coordinator: Caleb W. Peery, Assistant General Counsel, Indiana Utility Regulatory Commission, 101 West Washington Street, Suite 1500 East, Indianapolis, IN 46204, (317) 232-2711, CPeery@urc.in.gov