Secrecy and the clout of the special interests outweigh the public good. For the third year, elected officials have blocked utility reform. And, the agency overseeing the utility tree-trimming investigation, the Indiana Utilities Regulatory Commission, has seen serious ethical lapses with former employees now under state and possibly federal investigation.

Lax oversight as reported in an April 16 Indianapolis Star editorial is not a problem exclusively with the IURC. The root lies with the legislature and the governor. They have effectively tied the hands of the IURC, denying them the ability to keep all utility customers fully informed and preventing the IURC from enforcing its own rules. Now under new leadership, will the IURC establish higher ethical standards and give the public equal consideration and rights versus the power of special interest groups?

The legislature and administration, which have been repeatedly warned of serious utility problems by the Indiana Tree Alliance, have chosen to remain silent, knowing the current tree-trimming investigation cannot fix many of the problems.

The legislature and governor, to date, have not given the IURC the authority it needs to ensure the public is well informed. Up to 4 million Hoosiers remain uninformed about a statewide tree-trimming investigation and the current rule-making by the IURC – which will define homeowners’ rights versus utilities’ rights to trim and remove trees on private property near overhead electrical lines.

Further, the IURC will not be able to enforce its own vegetation management rules now being created. Instead, a voluntary honor code has been adopted. If a utility damages property, as before, the only means of recourse will be a civil court action, which most homeowners cannot afford. This is the method preferred by utilities – they know their economic power can intimidate most property owners in any legal action. Consequently, the utilities win by default.

Are the millions of lobbying dollars spent by the electric utility industry (billpayers’ dollars) and the thousands given to both parties in campaign donations influencing the lack of legislative action and the lack of leadership by the governor? The right of all Hoosiers to know what is happening and why, and to participate in this statewide utility tree-trimming investigation ,has been seriously compromised in the absence of full disclosure from the utilities. Have donations tilted legislation toward the utilities?

Must more homeowners seek expensive legal help to recover utility damages, curb outdated easements or respond to undisclosed utility easement restrictions on their properties? Will homeowners get relief or will they too be told, “Take this to court yourself – no state governmental agency or commission has the statutory authority to help you”? One group in central Indiana has asked the attorney general for help due to the lack of full disclosure of severe utility restrictions before they built their homes.

Do homeowners know what utility restrictions are imposed on their property by the gas, electric, water, cable and/or telephone companies? Do property owners know where easements sit in conjunction with their property lines? Are Hoosiers concerned, angry or disappointed that information about restrictions on property, IURC rule-making and the investigation has been kept quiet? If so, they need to contact their state senator and representative to ask why they have done nothing to fix this problem. Will their representatives now support a legislative review this summer? We hope so. Stay tuned.