§ 8-1-28-14 — Recovery of costs incurred by utility in implementing measure set forth in plan but disapproved by commission upon review

If a public utility cancels the implementation
of a measure set forth in an environmental compliance plan as a result
of an order issued by the commission under section 15 or 16 of this
chapter that withdraws the commission's approval of the inclusion of
the measure in the environmental compliance plan, the public utility
may, absent fraud, concealment, or gross mismanagement, recover:
(1) over a reasonable time; and
(2) through the rates of the public utility;
the costs incurred by the public utility in implementing the measure
and a reasonable return on the unamortized balance, to the extent the
implementation and the costs were approved previously by the
commission. The public utility may not recover costs in excess of the
cost estimate approved by the commission under section 7(2) of this
chapter unless the commission finds that the additional costs were
necessary and prudent.

Legislative History

As added by P.L.76-1991, SEC.2.