IN.gov - Skip Navigation

Note: This message is displayed if (1) your browser is not standards-compliant or (2) you have you disabled CSS. Read our Policies for more information.


Subscribe for e-mail updates
Print This Page Rate This Page Suggest a Link E-mail This Page HELP Find a Person Find an Agency

Aqua Indiana Rate Case (IURC Cause No. 43331)

The following fact sheet was distributed at the IURC public field hearing and OUCC information meeting held on Mar. 4, 2008 in Fort Wayne.

OVERVIEW

Utility Center, Inc. - doing business as Aqua Indiana, Inc. - is seeking increases in its rates and charges for water and sewer utility service. The utility's request is pending before the Indiana Utility Regulatory Commission (IURC) in Cause No. 43331 and would affect customers in the utility's Southwest (Aboite) service territory.

  • The utility's Southwest system includes portions of Aboite, Lafayette, Lake and Wayne Townships in Allen County, along with a portion of Jefferson Township in Whitley County. It includes approximately 11,000 water and 10,700 sewer customers.

  • In testimony filed with the IURC, the utility indicates it is requesting the rate increases due to infrastructure improvements made to the Southwest system in recent years - including water treatment plant improvements, sewer treatment plant expansions, new water and sewer mains, new fire hydrants, new wells, new sewer lift stations and emergency electric generators.

  • Aqua Indiana acquired Utility Center, Inc. in 2003 shortly after the utility's current rates were approved.

  • Aqua Indiana initiated this case in August 2007, with the intent of raising rates equally in its Southwest and North systems.

    • Utility Center's former North system (including the Allen County townships of Cedar Creek, Perry, St. Joseph and Washington) was acquired by the City of Fort Wayne on February 12, 2008, following eminent domain proceedings in Allen County Superior Court.

    • Under the terms of an agreement between Aqua Indiana and the City of Fort Wayne, Aqua Indiana will continue to manage the North system through a six-month transition period.

  • Aqua Indiana filed revised testimony and exhibits in the IURC rate case on February 22, 2008, with rate changes in the IURC proceeding to apply only to the Southwest system.

  • Aqua Indiana's proposals in this case would affect a typical residential customer's monthly bill as follows:
 

Current Bill

Requested bill amount:
Testimony filed
8-24-07

Requested bill amount:
Revised testimony filed 2-22-08

Water - 5000 gallons

$17.82

 $35.64

 $32.20

Sewer - 5000 gallons
(if metered)

 $24.77

 $49.54

 $43.41

Sewer - Flat rate (unmetered)

 $31.22

 $62.44

 $54.68

The Indiana Office of Utility Consumer Counselor (OUCC) is a separate state agency from the IURC, and is the statutory representative for the interests of all utility consumers (residential, commercial and industrial) in cases before the IURC.

  • The OUCC has not yet taken a position in the IURC rate case.

  • The IURC has established a May 16 deadline for the OUCC to complete its technical and legal review of the utility’s request and file testimony.

  • The OUCC’s testimony will be available online at www.in.gov/oucc/3324.htm after being filed with the IURC.

The City of Fort Wayne formally intervened in the IURC rate case through legal counsel in August 2007.

Any changes in a regulated utility’s base rates must be approved by the IURC before taking effect. Indiana law allows regulated utilities to petition for rate cases no more frequently than once every 15 months.

RATE CASE TIMELINE

August 10, 2007: Utility Center, Inc. - doing business as Aqua Indiana, Inc. - filed formal documentation with the IURC initiating this case and seeking to increase its water and sewer utility rates.

August 24, 2007: The utility filed testimony and exhibits in support of its request.

August 29, 2007: The City of Fort Wayne filed a petition to intervene in this case.

September 26, 2007: The IURC issued a pre-hearing conference order establishing an initial procedural schedule in this case.

  • January 29, 2008: Public field hearing in Fort Wayne.
  • February 22, 2008: Due date for the OUCC and city to file testimony.
  • March 7, 2008: Due date for Aqua Indiana to file rebuttal testimony.
  • March 26, 2008: Technical evidentiary hearing in Indianapolis.

January 17, 2008: Aqua Indiana filed a motion for IURC permission to modify its case-in-chief, to establish a revised procedural schedule, and to convene an attorneys’ conference for the purpose of setting a new schedule.

January 28, 2008: The IURC issued a docket entry establishing a revised procedural schedule in the rate case.

February 22, 2008: Aqua Indiana filed revised testimony with the IURC.

March 4, 2008: A public field hearing in the rate case is being held in Fort Wayne.

May 16, 2008: The OUCC is scheduled to file testimony with the IURC.

June 24, 2008: A technical evidentiary hearing in this case is scheduled to begin at 9:30 a.m. in Room 222 at the National City Center, 101 W. Washington St., Indianapolis. While evidentiary hearings are open to the public, participation is typically limited to Commission and attorney questioning of the witnesses who have filed technical testimony on behalf of the case's formal parties.

A settlement agreement is possible in any legal proceeding; such an agreement would require IURC approval in order to take effect.

All hearing and filings dates in any legal proceeding are subject to change.

IURC final orders are issued at the Commission’s weekly Conferences. Conferences are typically held on Wednesday afternoons, with agendas posted 48 hours in advance at: www.in.gov/iurc/procedures/2008/08_agendas/08agenda_index.html.

WHAT WILL HAPPEN AT THE PUBLIC FIELD HEARING

An IURC public field hearing is a formal, legal proceeding. It is presided over by an Administrative Law Judge and recorded by a court reporter, with at least one Commissioner present.

Consumers may make sworn written or oral comments on the pending case. Consumer comments are given equal consideration whether they are written or oral.

Attorneys for the case’s formal parties - including the utility and the OUCC - participate.

A public field hearing does not include a question and answer format; it is designed to allow sworn consumer testimony under oath. IURC Commissioners are not allowed to answer questions as they will ultimately weigh the evidence and render a final decision.

No final IURC decision in the case will be made during the field hearing.

ADDITIONAL INFORMATION

All publicly filed documents in this case are available for review on the IURC Website by:

  • Visiting www.in.gov/iurc
  • Clicking the "Electronic Filing" link
  • Clicking the "Search Cases" link near the upper left corner of the following page
  • Entering docket number 43331 in the first field on the search page

A link to Aqua Indiana’s current testimony is also available on the OUCC Website at www.in.gov/oucc/3324.htm. Case updates will be posted on that page as warranted.

General Agency Information

Indiana Office of Utility Consumer Counselor (OUCC)

  • State agency
  • Represents the interests of all Indiana utility consumers - including residential, commercial and industrial customer interests - in cases before the IURC and federal utility regulatory commissions
  • Staff of attorneys, accountants, engineers, economists, consumer services and support personnel

Indiana Utility Regulatory Commission (IURC)

  • State agency
  • Regulates many, but not all, Indiana utilities
  • Regulates utility rates, financing, service territory, quality, etc
  • Authorized to investigate utility rates and practices
  • Neutral, fact-finding body required by law to make decisions that balance the interests of utilities and consumers