EXHIBIT 5 --------- October 27, 2000 Securities and Exchange Commission 450 Fifth Street, N.W. Washington, D. C. 20549-1004 RE: NEW NISOURCE INC. - REGISTRATION OF 283,000 COMMON SHARES ON FORM S-3 ------------------------------------------- Ladies and Gentlemen: We have acted as special counsel to New NiSource Inc., a Delaware corporation (the "Company"), in connection with the Company's filing of a Registration Statement on Form S-3 (the "Registration Statement") covering 283,000 common shares, $.01 par value per share (and the associated preferred share purchase rights) of the Company (the "Shares") to be issued under the Northern Indiana Public Service Company Bargaining Unit Tax Deferred Savings Plan (the "Plan"). In this connection we have made such investigation and have examined such documents as we have deemed necessary in order to enable us to render the opinion contained herein. Based upon the foregoing, we are of the opinion that (i) the written provisions of the current Plan document as amended comply with the applicable provisions of the Employee Retirement Income Security Act of 1974; and (ii) the Shares, when issued in accordance with the terms of the Plan, and pursuant to the Registration Statement, will be legally issued, fully paid and nonassessable. We hereby consent to the filing of this opinion as an exhibit to the Registration Statement. Very truly yours, SCHIFF HARDIN & WAITE By: /s/Frederick L. Hartmann ------------------------ Frederick L. Hartmann