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because the Sewage Works has always been under the local jurisdiction, that you have the <br />expertise and the commitment to make the right decisions on the Sewer side. So what you get is <br />regulation on a utility just because it's water. Through that process, it's important to know that <br />the rules of how you set rates in Indiana are not set by the IURC— they're enforced by the IURC. <br />The rules are specified within State statute. So, whether you're in or out, the rules remain the <br />same. The way the process happens is, there is a local procedure for adopting your rates that <br />have to abide by State statute. You go through that process —and it is an involved process —and <br />you certainly, as the elected representatives of the community, take that responsibility very <br />seriously and you evaluate the process that's done on a local level. When you're comfortable <br />with that, you will adopt an ordinance saying that you believe that the proper legal rates for the <br />one utility are what is reflected in the rate ordinance. Under the majority of the utilities in <br />Indiana, the process is then complete. When you're a regulated utility, the process starts over <br />again at the IURC, in which we will prepare a second report substantiating the decisions that <br />were made at the local level, submitted to the IURC. The IURC will use this staff and the Office <br />of Utility Consumer counsellor staff and replicate the study. They will come up with their <br />recommendation. Then there will be a proceeding in front of an administrative law judge in <br />which both sides will present their basis for the rate increase, and it will ultimately be in order. <br />Let's say you adopt the ordinance this evening —it's going to add nine (9), ten (10) months to the <br />process, plus the expense of a second report, plus the expense of the IURC and OUCC report, <br />and then the time factor that's involved. What you get, at the end of the day, is a confirmation of <br />the decisions that you have thoroughly investigated before acting on the local level. That's a <br />pretty expensive cost of regulation. Now, I have one more thing. When you are a utility that <br />exists for the purpose of making a profit —and I'm not knocking investor -owned utilities —but <br />they exist with the idea of earning a profit at the end of the day. There needs to be somebody <br />watching over them to make sure that that profit is reasonable. That would be your INM's, your <br />NIPSCO's, your telephone companies. And that, going back to where I started, is the majority of <br />the country's perspective on what utilities should be regulated at the State agency level and <br />which shouldn't. <br />Committeemember Davis asked, Who makes up the board of the IURC and who appoints them? <br />Mr. Julien responded, The five (5) commissioners, I believe, and it's a combination of the <br />Governor's Office and the General Assembly, I think. <br />Committee Chair Dr. David Varner informed those present that there were five (5) minutes left <br />to the meeting. The Committee discussed dates for the continuation of the bill. <br />Committeemember Dr. Varner requested that Mr. Horvath got back to the Council regarding <br />whether or not the Administration would be okay with the pilot cap as part of the agreement, and <br />regarding what other alternatives with which it might be good. He stated, We will have to meet <br />early in January. <br />Committeemember Oliver Davis made a motion to continue Bill No. 66 -16 until January 91n <br />2017 and Committeemember Regina Williams- Preston seconded, which carried by a voice vote <br />of four (4) ayes. <br />0J <br />