Sec. 13. If the commission issues an order under section 7 or 15 of this chapter that approves modifications to a public utility‘s environmental compliance plan, the commission shall, absent fraud, concealment, gross mismanagement, or inadequate quality control, allow the public utility to recover under section 11 of this chapter, to the extent permitted under section 11 of this chapter, the following:

(1) The public utility’s expenditures made under the environmental compliance plan before the date the commission issued the order approving the modified environmental compliance plan.

Terms Used In Indiana Code 8-1-28-13

  • 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 Safe Drinking Water Act or the Clean Water Act. See Indiana Code 8-1-28-2
  • Fraud: Intentional deception resulting in injury to another.
  • public utility: means a public utility, a municipally owned utility, or a cooperatively owned utility. See Indiana Code 8-1-28-3
(2) The public utility’s expenditures made under the modified environmental compliance plan after the date the commission issued the order approving the modified environmental compliance plan.

As added by P.L.76-1991, SEC.2.

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