Sec. 13. (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:

Terms Used In Indiana Code 8-1-40.5-13

  • commission: refers to the Indiana utility regulatory commission created by IC 8-1-1-2. See Indiana Code 8-1-40.5-2
  • electric utility: means a public utility (as defined in IC 8-1-2-1(a)) that meets the following criteria:

    Indiana Code 8-1-40.5-3

  • financing order: means an order issued by the commission under section 10 of this chapter. See Indiana Code 8-1-40.5-4
  • securitization bonds: means bonds, debentures, notes, certificates of participation, certificates of a beneficial interest, certificates of ownership, or other evidences of indebtedness that:

    Indiana Code 8-1-40.5-7

  • securitization charges: means nonbypassable amounts that are:

    Indiana Code 8-1-40.5-8

(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.

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