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West Boggs Sewer CTA

NOTE: IURC orders in this case were issued on Aug. 18, 2003 and Apr. 20, 2006.

The OUCC distributed the following fact sheet to consumers at the agency's public information meeting and IURC public field hearing held on Feb. 10, 2003 in Daviess County, Indiana.

OUCC Fact Sheet

West Boggs Sewer District, Inc. Sewer Utility Proposal
IURC Cause No. 42156

  • On January 10, 2002, West Boggs Sewer District, Inc. filed a petition with the Indiana Utility Regulatory Commission (IURC), requesting a certificate of territorial authority for sewage disposal service in specific rural areas of Barr and Van Buren Townships (Daviess County) and Perry Township (Martin County). The proposed service area is not currently served by sewage disposal utilities. The District, a not-for-profit entity, filed written testimony supporting its petition on December 4, 2002.

    • In testimony before the IURC, the District contends that sanitary sewer service is needed to address environmental concerns with land quality and the water quality in West Boggs Lake, along with concerns regarding property values.

    • Sewage disposal companies that seek IURC permission to create new utilities and provide service must submit specific information and exhibits as outlined in the Indiana Administrative Code (170 IAC 8.5-3-1). This information includes approval letters from various governmental bodies, plans and specifications for treatment and sanitary sewer construction, a five-year feasibility study and estimates of construction and operating costs. The Indiana Administrative Code is available at local libraries and on the Internet at http://www.in.gov/legislative/iac/title170.html.

    • Under the District’s proposal:

      • All residences within the proposed service territory would be required to connect to the new sewage disposal system.

      • Each residential customer would be charged a one-time connection fee of $750.

      • A schedule of rates and charges would be established. Under the District’s proposed schedule, a customer who produces 3,650 gallons of wastewater per month would pay a monthly bill of $54.46.

  • On February 10, 2003, a public field hearing in this case will be held in Daviess County, Indiana, at which consumers will be able to submit testimony in the form of written or oral comments. The comments will become part of the official evidentiary record to be considered by the IURC in reaching its final decision. Written consumer comments are given the same consideration as oral comments.

    • The Indiana Office of Utility Consumer Counselor (OUCC) formally requested the public field hearing after receiving numerous consumer contacts on the proposal, including a petition signed by 182 consumers.

  • On February 19, 2003, the OUCC is currently scheduled to file testimony in this case.

  • On March 18, 2003, an IURC technical evidentiary hearing is scheduled to begin in Indianapolis. The hearing, scheduled for 9:30 a.m. in Room E-306 at the Indiana Government Center - South, is open to the public. However, participation in evidentiary hearings is typically limited to cross-examination of technical witnesses who have filed written testimony on behalf of the case’s formal parties.

  • All hearing and filing dates are subject to change. A settlement agreement is possible in any legal proceeding.

  • Consumers with questions or concerns about this proposal or other utility issues are encouraged to contact the OUCC’s consumer services staff toll-free at 1-888-441-2494 or through the agency’s Website at http://www.in.gov/oucc/contact/index.html.



General Information

Indiana Office of Utility Consumer Counselor (OUCC)

  • State agency
  • Represents the interests of all utility consumers and the general public on issues concerning electric, natural gas, water, sewer and telecommunications utilities
  • Staff of accountants, engineers, economists, attorneys, consumer services and support personnel
  • Participates in regulatory and legal proceedings
  • Provides consumers with a voice in utility policy
  • Responds to consumer questions and information needs

Indiana Utility Regulatory Commission (IURC)

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

Information Meeting and Public Field Hearing:
What is the difference?

Public Information Meeting

  • Facilitated by the OUCC
  • Opportunity for attorney (OUCC) and client (consumers) discussion
  • Allows OUCC staff to present information about the case
  • Opportunity for consumers to advise OUCC staff of concerns
  • Provides an opportunity for consumers to ask questions and get information
  • Opportunity for consumers to make written comments that can be entered into the official record considered by the IURC in its decision

Public Field Hearing

  • Conducted by the IURC
  • Formal, legal proceeding presided over by an Administrative Law Judge and recorded by a court reporter
  • Often required by law
  • Conducted in utility's service territory
  • Allows consumers to make sworn written or oral comments on the utility's proposal, its service and any other relevant issue
  • Not a question and answer format
  • Comments are part of the official record considered by the IURC in making its decision


Prepared by the OUCC
100 North Senate Avenue, Room N501
Indianapolis, IN 46204-2215

Toll-free 1-888-441-2494
Voice/TDD (317) 232-2494
Fax (317) 232-5923

www.IN.gov/oucc
UCCINFO@oucc.state.in.us