§ 8-1-28-19 — Voluntary nature of chapter procedure

(a) Use of the procedure in this chapter is
voluntary to a public utility. The failure of a public utility to use the
approval provisions of this chapter may not create a presumption of
imprudence or nonrecovery in rates for environmental compliance plan
costs.
(b) This chapter does not require a public utility to utilize this
chapter to recover a cost or expense otherwise recoverable in the public
utility's rates. A higher standard for the recovery of such costs or for
determining the appropriateness of an environmental compliance plan
may not be imposed because of a public utility's election not to use the
provisions of this chapter.
(c) An order of the commission approving an environmental
compliance plan under this chapter may not limit or define the
measures that may be proposed in a compliance plan submitted by
another public utility or approved by the commission.

Legislative History

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