This text of Indiana § 8-1-31.7-9 (Eligible utility's plan for proposed improvement; preapproval by
commission; public hearing; findings; final order; exception to
preapproval requirement; recovery of costs) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)Except as provided in subsection (e),
before an eligible utility may seek to recover its service enhancement
improvement costs through a periodic rate adjustment under section 12
of this chapter, it must first obtain preapproval from the commission of
its plan for the proposed service enhancement improvement or
improvements. The eligible utility must file with the commission a
petition and a case in chief, including supporting information described
in section 10 or 11 of this chapter, as applicable. If the petition includes
a request for an allocation of costs under IC 8-1-30.3-6.5, the eligible
utility shall provide a copy of:
(2)the eligible utility's case in chief;
to each intervenor in the eligible utility's last general rate case.
(b)After holding a public
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(a) Except as provided in subsection (e),
before an eligible utility may seek to recover its service enhancement
improvement costs through a periodic rate adjustment under section 12
of this chapter, it must first obtain preapproval from the commission of
its plan for the proposed service enhancement improvement or
improvements. The eligible utility must file with the commission a
petition and a case in chief, including supporting information described
in section 10 or 11 of this chapter, as applicable. If the petition includes
a request for an allocation of costs under IC 8-1-30.3-6.5, the eligible
utility shall provide a copy of:
(1) the petition; and
(2) the eligible utility's case in chief;
to each intervenor in the eligible utility's last general rate case.
(b) After holding a public hearing for which proper notice is given
under IC 8-1-1-8, the commission shall preapprove the eligible utility's
plan under this section if the commission makes the required findings
under section 10 or 11 of this chapter, as applicable. If the service
enhancement improvement is not described in section 7(1)(A) of this
chapter, the commission shall preapprove the eligible utility's plan
under this section if the commission makes the required finding under
section 7(1)(B)(ii) of this chapter.
(c) The commission shall issue its final order on the petition not
later than two hundred ten (210) days after the filing of the eligible
utility's case in chief.
(d) An eligible utility may have more than one (1) plan, and an
eligible utility may file separate petitions for separate plans.
(e) An eligible utility is not required to seek preapproval of a plan
in order to seek recovery under section 12 of this chapter for eligible
additions that are described in section 7(2) of this chapter.
(f) If the commission approves an eligible utility's plan under this
section, or if approval is otherwise not required, the commission shall
approve a rider authorizing timely recovery of the eligible utility's
service enhancement improvement costs under section 12 of this
chapter. The following apply to the utility's timely recovery:
(1) Eighty percent (80%) of the eligible utility's service
enhancement improvement costs shall be recovered by the
eligible utility through a periodic rate adjustment mechanism that
allows the timely recovery of the approved service enhancement
improvement costs.
(2) Twenty percent (20%) of the eligible utility's service
enhancement improvement costs, including depreciation,
allowance for funds used during construction, and post in service
carrying costs, compounded monthly and based on the overall
cost of capital most recently approved by the commission, shall
be deferred and recovered by the eligible utility as part of its next
general rate case filed by the eligible utility with the commission.
(3) Actual costs that exceed by more than twenty-five percent
(25%) the projected costs set forth in the eligible utility's plan
approved under this section require specific justification by the
eligible utility and specific approval by the commission before
being authorized in the next general rate case filed by the eligible
utility with the commission.