(a)Notwithstanding any other law or rule
adopted by the commission, except those cited, or rules adopted that
pertain to those cited, in section 11 of this chapter, in approving retail
energy services or establishing just and reasonable rates and charges,
or both for an energy utility electing to become subject to this section,
the commission may do the following:
(1)Adopt alternative regulatory practices, procedures, and
mechanisms, and establish rates and charges that:
(A)are in the public interest as determined by consideration of
the factors described in section 5 of this chapter; and
(B)enhance or maintain the value of the energy utility's retail
energy services or property;
including practices, procedures, and mechanisms focusing on the
price, quality, reliability, and efficiency
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(a) Notwithstanding any other law or rule
adopted by the commission, except those cited, or rules adopted that
pertain to those cited, in section 11 of this chapter, in approving retail
energy services or establishing just and reasonable rates and charges,
or both for an energy utility electing to become subject to this section,
the commission may do the following:
(1) Adopt alternative regulatory practices, procedures, and
mechanisms, and establish rates and charges that:
(A) are in the public interest as determined by consideration of
the factors described in section 5 of this chapter; and
(B) enhance or maintain the value of the energy utility's retail
energy services or property;
including practices, procedures, and mechanisms focusing on the
price, quality, reliability, and efficiency of the service provided by
the energy utility.
(2) Establish rates and charges based on market or average prices,
price caps, index based prices, and prices that:
(A) use performance based rewards or penalties, either related
to or unrelated to the energy utility's return or property; and
(B) are designed to promote efficiency in the rendering of retail
energy services.
(3) Approve:
(A) time-varying price structures and tariffs; or
(B) other alternative pricing structures and tariffs;
for retail energy service, such as time-of-use or off-peak pricing,
critical peak pricing, variable peak pricing, and real-time pricing.
(b) This section:
(1) does not give a party to a collective bargaining agreement any
greater rights under the collective bargaining agreement than the
party had before January 1, 1995;
(2) does not give the commission the authority to order a party to
a collective bargaining agreement to cancel, terminate, amend or
otherwise modify the collective bargaining agreement; and
(3) may not be implemented by the commission in a way that
would give a party to a collective bargaining agreement any
greater rights under the collective bargaining agreement than the
party had before January 1, 1995.
(c) An energy utility electing to become subject to this section shall
file with the commission an alternative regulatory plan proposing how
the commission will approve retail energy services or just and
reasonable rates and charges for the energy utility's retail energy
service.
(d) The energy utility shall publish a notice of the filing of a petition
under this section in a newspaper of general circulation published in
any county in which the energy utility provides retail energy service.
(e) After notice and hearing, the commission may approve, reject,
or modify the energy utility's proposed plan if the commission finds
that such action is consistent with the public interest. However, the
commission may not order that material modifications changing the
nature, scope or duration of the plan take effect without the agreement
of the energy utility. The energy utility shall have twenty (20) days
after the date of a commission order modifying the energy utility's
proposed plan within which to, in writing, accept or reject the
commission's order.
(f) An energy utility may withdraw a plan proposed under this
section without prejudice before the commission's approval of the plan,
or the energy utility may timely reject a commission order modifying
its proposed plan under this section without prejudice. However, the
energy utility may not file a petition for comparable relief under this
section for a period of twelve (12) months after the date of the energy
utility's withdrawal of its proposed plan or the date of the energy
utility's rejection of the commission's order, whichever is applicable.