Eligible utility's petition for adjustment rider; recovery of costs; hearing; order; costs for replacement of plant or equipment; recovery of chemical costs or power costs not subject to deferral
Ind. Code § 8-1-31.7-12
in effectSec. 12. (a) If the commission approves an eligible utility's plan under section 9 of this chapter, or if commission approval of the plan is otherwise not required, the eligible utility may file a petition to establish or adjust an adjustment rider to its rate schedules under this section so as to allow timely recovery of the eligible utility's service enhancement improvement costs. The following shall apply:
(1) The adjustment rider shall be calculated as a fixed charge based upon equivalent meter size.
(2) Publication of notice of the filing is not required.
For purposes of this section, the timely recovery of costs for a municipally owned utility or a not-for-profit utility shall be in a manner consistent with IC 8-1-31-8(a)(3).
(b) Except as provided in subsection (i), the adjustment rider shall provide for the timely recovery of eighty percent (80%) of the service enhancement improvement costs. The remaining twenty percent (20%) of the service enhancement improvement costs shall be deferred under section 9(f)(2) of this chapter.
(c) The commission shall conduct a hearing.
(d) The office of the utility consumer counselor may:
(1) examine information of the eligible utility to confirm:
(A) that the eligible additions are in accordance with sections 2 and 8 of this chapter, as applicable; and
(B) the proper calculation of the adjustment amount proposed under this section or section 9.1 of this chapter, as applicable; and
(2) submit a report to the commission not later than thirty (30) days after the petition is filed.
(e) Except as provided in subsection (h), the commission shall hold the hearing and issue its order not later than sixty (60) days after the petition is filed.
(f) Except as provided in subsection (h), the commission shall enter an order approving a petition filed under this section to the extent the commission finds that the petition complies with the requirements of this chapter.
(g) A petition filed under this section may combine one (1) or more of the following:
(1) Service enhancement improvement costs associated with one (1) or more plans approved under section 9 of this chapter.
(2) Service enhancement improvement costs for which approval of a plan is not required under this chapter.
(h) If a petition filed under this section seeks recovery of service enhancement improvement costs associated with eligible additions made in association with service enhancement improvements described in section 7(2)(A) of this chapter:
(1) the commission shall create a sub-docket to consider the service enhancement improvement costs if the petition combines the service enhancement improvement costs with service enhancement improvement costs associated with approved plans under section 7(1)(A) or 7(1)(B) of this chapter;
(2) to approve recovery of the service enhancement improvement costs associated with service enhancement improvements described in section 7(2)(A) of this chapter, the commission must find that the service enhancement improvements described in section 7(2)(A) of this chapter are reasonable and necessary; and
(3) the time period for issuance of an order under subsection (e) is extended to one hundred twenty (120) days with respect to the service enhancement improvement costs associated with service enhancement improvements described in section 7(2)(A) of this chapter.
(i) An adjustment rider under this section for the recovery of costs described in section 7(2)(B) or 7(2)(C) of this chapter shall provide for the timely recovery of those costs in full and without the deferral otherwise required under subsection (b).
As added by P.L.137-2020, SEC.15. Amended by P.L.127-2026, SEC.8.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/8Fetched: 10/17/2026