§ 8-1-39-9 — Petition for TDSIC; annual plan update; recovery and deferral of TDSIC costs; limits on timing of petitions

(a) Subject to subsection (d), a public utility that
provides electric or gas utility service may file with the commission
rate schedules establishing a TDSIC that will allow the periodic
automatic adjustment of the public utility's basic rates and charges to
provide for timely recovery of eighty percent (80%) of approved capital
expenditures and TDSIC costs. The petition must:
(1) use the customer class revenue allocation factor based on firm
load approved in the public utility's most recent retail base rate
case order;
(2) include the public utility's TDSIC plan for eligible
transmission, distribution, and storage system improvements; and
(3) identify projected effects of the plan described in subdivision
(2) on retail rates and charges.
The public utility shall provide a copy of the petition to the office of the
utility consumer counselor when the petition is filed with the
commission.
(b) The public utility shall update the public utility's TDSIC plan
under subsection (a)(2) at least annually. An update may include a
petition for approval of:
(1) a targeted economic development project under section 11 of
this chapter; or
(2) transmission, distribution, and storage system improvements
not described in the public utility's TDSIC plan most recently
approved by the commission under section 10 of this chapter.
(c) A public utility that recovers capital expenditures and TDSIC
costs under subsection (a) shall defer the remaining twenty percent
(20%) of approved capital expenditures and TDSIC costs, including
depreciation, allowance for funds used during construction, and post in
service carrying costs, and shall recover those capital expenditures and
TDSIC costs as part of the next general rate case that the public utility
files with the commission.
(d) Except as provided in section 15 of this chapter, a public utility
may not file a petition under subsection (a) within nine (9) months after
the date on which the commission issues an order changing the public
utility's basic rates and charges with respect to the same type of utility
service.
(e) A public utility that implements a TDSIC under this chapter
shall, before the expiration of the public utility's approved TDSIC plan,
petition the commission for review and approval of the public utility's
basic rates and charges with respect to the same type of utility service.
(f) A public utility may file a petition under this section not more
than one (1) time every six (6) months.
(g) Actual capital expenditures and TDSIC costs that exceed the
approved capital expenditures and TDSIC costs require specific
justification by the public utility and specific approval by the
commission before being authorized for recovery in customer rates.

Legislative History

As added by P.L.133-2013, SEC.5. Amended by P.L.89-2019, SEC.3.