§ 8-1-40.5-13 — Scope of Indiana utility regulatory commission powers and duties with respect to securitization; effect of securitization on electric utility ratemaking and financing

Indiana § 8-1-40.5-13

• Jurisdiction: Indiana
• Art. 1: UTILITIES GENERALLY
• Ch. 40.5: Pilot Program for Cost Securitization for Retired

Text

(a) The commission, in exercising the
commission's powers and carrying out the commission's duties with
regard to any matter within the commission's authority under this
chapter, may not:
(1) for purposes of ratemaking or approval of financing, consider:
(A) securitization bonds issued under a financing order to be
the debt of the electric utility other than for federal income tax
purposes;
(B) securitization charges paid under a financing order to be the
revenue of the electric utility for any purpose; or
(C) securitization costs or financing costs specified in a
financing order to be the cost of the electric utility; or
(2) determine any action taken by an electric utility that is
consistent with the financing order to be unreasonable. This
subdivision does not require the commission to approve a
proposed capital investment under section 10(d)(4)(B) of this
chapter.
(b) This chapter does not prohibit an electric utility from requesting,
or the commission from approving, alternative methods for recovery of
the costs of an electric generation facility upon retirement.
(c) An electric utility that has received an order from the
commission approving the recording of a regulatory asset to recover the
net book value of an electric generation facility upon the planned
retirement of the electric generation facility may not file a petition
under section 10 of this chapter with respect to the generation facility.

Legislative History

As added by P.L.80-2021, SEC.1.