Indiana Code 8-1-28-14. Recovery of costs incurred by utility in implementing measure set forth in plan but disapproved by commission upon review
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Sec. 14. If a public utility cancels the implementation of a measure set forth in an environmental compliance plan as a result of an order issued by the commission under section 15 or 16 of this chapter that withdraws the commission’s approval of the inclusion of the measure in the environmental compliance plan, the public utility may, absent fraud, concealment, or gross mismanagement, recover:
(2) through the rates of the public utility;
(1) over a reasonable time; and
Terms Used In Indiana Code 8-1-28-14
- 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
the costs incurred by the public utility in implementing the measure and a reasonable return on the unamortized balance, to the extent the implementation and the costs were approved previously by the commission. The public utility may not recover costs in excess of the cost estimate approved by the commission under section 7(2) of this chapter unless the commission finds that the additional costs were necessary and prudent.
As added by P.L.76-1991, SEC.2.