§ 8-1-28-16 — Ongoing review of cost and implementation of plan; progress report; recovery of costs; final approval by commission

Indiana § 8-1-28-16

• Jurisdiction: Indiana
• Art. 1: UTILITIES GENERALLY
• Ch. 28: Water Utility Environmental Compliance Plans

Text

(a) In addition to the review of the continued
appropriateness of an environmental compliance plan under section 15
of this chapter, the commission shall, at the request of a public utility,
conduct an ongoing review of the cost and implementation of the
public utility's approved environmental compliance plan. The public
utility shall submit to the commission:
(1) each year; or
(2) at other times the commission and the public utility agree on;
a progress report that includes any information the commission may
require.
(b) If the commission approves the cost and implementation of the
part of the environmental compliance plan under review, then, absent
fraud, concealment, or gross mismanagement, the approval forecloses
subsequent challenges to:
(1) the recovery in rates of those costs; and
(2) if the public utility is allowed by law to earn a return on the
public utility's investment, the addition to the fair value of the
public utility's property of the fair value of a completed capital
project, or portion of a capital project, that:
(A) is constructed and consists of:
(i) new systems, equipment, or facilities; or
(ii) modifications to existing systems, equipment, or
facilities; and
(B) is part of the environmental compliance plan
implementation approved by the commission;
up to the amount approved under section 7(2) or 12 of this
chapter, whichever is applicable. The public utility may not
recover costs in excess of the cost estimate approved by the
commission under section 7(2) or 12 of this chapter, whichever is
applicable, unless the commission finds that the additional costs
were necessary and prudent.
(c) If the commission does not issue an order disapproving all or
part of the implementation of the part of the environmental compliance
plan under review within six (6) months of the commencement of the
action seeking the commission's approval, the commission shall be
considered to have approved all of the implementation of that part of
the environmental compliance plan unless the commission issues an
order extending the time for such review.

Legislative History

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