Conditions of Membership; Restrictions to Providing Services

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Sec. 9. (a) The corporate purpose of each corporation formed under this chapter shall be to render services to or for the benefit of its members.

(b) A person may not become or remain a member of any local district corporation (as defined in section 23 of this chapter) unless such person shall use energy or services supplied by such corporation and shall have complied with the terms and conditions of membership contained in the bylaws of such corporation.

(c) Notwithstanding IC 8-1-2.7, a corporation or any subsidiary or affiliate thereof may not begin water or wastewater service in any area unless both of the following apply:

(1) The corporation has filed a petition with the commission seeking authority to begin water or wastewater service.

(2) The commission has found after a hearing that public convenience and necessity require the proposed service.

In connection with the petition, the commission may adopt conditions and restrictions on the area and consumers to be served that the commission finds consistent with the public interest. The commission may revoke, modify, or amend a finding of public convenience and necessity upon a showing of good cause after a hearing.

Formerly: Acts 1935, c.175, s.9; Acts 1937, c.258, s.6. As amended by P.L.59-1984, SEC.66; P.L.109-1995, SEC.2; P.L.81-1998, SEC.2; P.L.171-2017, SEC.3.


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