Ind. Code § 8-1-40.5-13
This is the official text of Ind. Code § 8-1-40.5-13, part of Indiana’s Code — part of the compiled statutory law of Indiana, published by the state as "Code." Browse the sections below, each linked to its official government source.
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Scope of Indiana utility regulatory commission powers and duties with respect to securitization; effect of securitization on electric utility ratemaking and financing
Official statutory text
Sec. 13. (a) The commission, in exercising the commission's powers and carrying out the commission's duties with regard to any matter within the commission's authority under this chapter, may not:
(1) for purposes of ratemaking or approval of financing, consider:
(A) securitization bonds issued under a financing order to be the debt of the electric utility other than for federal income tax purposes;
(B) securitization charges paid under a financing order to be the revenue of the electric utility for any purpose; or
(C) securitization costs or financing costs specified in a financing order to be the cost of the electric utility; or
(2) determine any action taken by an electric utility that is consistent with the financing order to be unreasonable. This subdivision does not require the commission to approve a proposed capital investment under section 10(d)(4)(B) of this chapter.
(b) This chapter does not prohibit an electric utility from requesting, or the commission from approving, alternative methods for recovery of the costs of an electric generation facility upon retirement.
(c) An electric utility that has received an order from the commission approving the recording of a regulatory asset to recover the net book value of an electric generation facility upon the planned retirement of the electric generation facility may not file a petition under section 10 of this chapter with respect to the generation facility.
As added by P.L.80-2021, SEC.1.
(1) for purposes of ratemaking or approval of financing, consider:
(A) securitization bonds issued under a financing order to be the debt of the electric utility other than for federal income tax purposes;
(B) securitization charges paid under a financing order to be the revenue of the electric utility for any purpose; or
(C) securitization costs or financing costs specified in a financing order to be the cost of the electric utility; or
(2) determine any action taken by an electric utility that is consistent with the financing order to be unreasonable. This subdivision does not require the commission to approve a proposed capital investment under section 10(d)(4)(B) of this chapter.
(b) This chapter does not prohibit an electric utility from requesting, or the commission from approving, alternative methods for recovery of the costs of an electric generation facility upon retirement.
(c) An electric utility that has received an order from the commission approving the recording of a regulatory asset to recover the net book value of an electric generation facility upon the planned retirement of the electric generation facility may not file a petition under section 10 of this chapter with respect to the generation facility.
As added by P.L.80-2021, SEC.1.
Status: in_force · Read it on the official government site
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