Sec. 12. (a) If the commission issues an order approving an environmental compliance plan submitted by a public utility under this chapter, the commission shall, absent fraud, concealment, gross mismanagement, or inadequate quality control, allow the public utility to do the following:

(1) If a public utility is allowed by law to earn a return on the public utility’s investment, the public utility may add to the fair value of the public utility’s property the fair value of a completed capital project, or part of a capital project, that:

Terms Used In Indiana Code 8-1-27-12

  • commission: refers to the Indiana utility regulatory commission. See Indiana Code 8-1-1-1
  • environmental compliance plan: means a plan developed by a public utility to comply in whole or in part with the requirements of the Clean Air Act Amendments of 1990. See Indiana Code 8-1-27-3
  • Fraud: Intentional deception resulting in injury to another.
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • public utility: means a public utility, a municipally owned utility, or a cooperatively owned utility. See Indiana Code 8-1-27-5
(A) is constructed and consists of:

(i) new systems, equipment, or facilities; or

(ii) modifications to existing systems, equipment, or facilities; and

(B) is part of the environmental compliance plan approved by the commission;

up to the amount approved under section 8(2) or 13 of this chapter, whichever is applicable.

(2) The public utility may recover the costs incurred by the public utility in the development and implementation of the approved environmental compliance plan up to the amount approved under section 8(2) or 13 of this chapter, whichever is applicable.

     (b) The public utility may not recover costs in excess of the cost estimate approved by the commission under section 8(2) or 13 of this chapter, whichever is applicable, unless the commission finds that the additional costs were necessary and prudent.

     (c) Except as provided in subsection (d), costs otherwise recoverable by a public utility under subsections (a) and (b) shall be recovered only through a general rate proceeding for the public utility and, to the extent such costs provide the public utility with a return of, or return on, the public utility’s investment in a completed capital project, or a part of a capital project, such costs shall be so recovered only if the capital project, or part of the capital project, is found by the commission to be used and useful.

     (d) Costs otherwise recoverable by a public utility under subsections (a) and (b) that also qualify for recovery under IC 8-1-2-6.6 shall be recovered by the public utility when and as provided under IC 8-1-2-6.6.

     (e) This section does not apply if the public utility elects the review described in section 19 of this chapter.

As added by P.L.76-1991, SEC.1.

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