Sec. 13. (a) The commission may not approve a petition filed under section 8 or 10 of this chapter to the extent it would:

(1) for a public utility, produce total adjustment revenues exceeding ten percent (10%) of the eligible utility‘s base revenue level approved by the commission in the eligible utility’s most recent general rate proceeding; or

Terms Used In Indiana Code 8-1-31-13

  • adjustment revenues: means revenues produced through an adjustment amount approved under section 9 of this chapter exclusive of revenues from all other rates and charges. See Indiana Code 8-1-31-1.5
  • commission: refers to the Indiana utility regulatory commission. See Indiana Code 8-1-1-1
  • eligible infrastructure improvements: means projects that:

    Indiana Code 8-1-31-5

  • eligible utility: means a:

    Indiana Code 8-1-31-5.2

  • Highway: includes county bridges and state and county roads, unless otherwise expressly provided. See Indiana Code 1-1-4-5
  • infrastructure improvement costs: means the following:

    Indiana Code 8-1-31-5.5

  • Month: means a calendar month, unless otherwise expressed. See Indiana Code 1-1-4-5
  • not-for-profit utility: has the meaning set forth in IC 8-1-2-125(a). See Indiana Code 8-1-31-5.9
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
(2) for a municipally owned or not-for-profit utility, produce total adjustment revenues over the course of each twelve (12) month recovery period that exceed ten percent (10%) of the eligible utility’s base revenue level approved by the commission in the eligible utility’s most recent general rate proceeding.

     (b) Subsection (a) does not apply to:

(1) infrastructure improvement costs associated with eligible infrastructure improvements that are placed in service due to the construction, reconstruction, or improvement of a highway, street, or road (as defined in IC 8-23-1-23), including projects under IC 8-25; or

(2) property taxes associated with eligible infrastructure improvements.

As added by P.L.94-2000, SEC.1. Amended by P.L.209-2014, SEC.12; P.L.45-2015, SEC.1; P.L.212-2015, SEC.13; P.L.137-2020, SEC.1; P.L.61-2022, SEC.8; P.L.39-2023, SEC.5.

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