Section 170IAC17.1-5-2. Status following approval of participation in CHOICE program

   (a) After approval of its participation in the CHOICE program, the participating electricity supplier is required to follow its CHOICE plan in working toward meeting the CPS goals.

  (b) If a participating electricity supplier decides to change part of its CHOICE plan in a manner that:

(1) does not impact whether the electricity supplier will meet the CPS goals; and

(2) does not increase the ratepayer impact of its CHOICE plan;

the electricity supplier shall file the changes with the commission through the commission's thirty-day administrative filing procedures and guidelines in 170 IAC 1-6.

  (c) If circumstances change and the costs of implementing the participating electricity supplier's CHOICE plan increase or are projected to increase to the point that the resulting rates and charges may no longer be just and reasonable, the participating electricity supplier shall file a petition with the commission requesting a commission determination that the cost of clean energy resources available to the electricity supplier would result in an increase in the rates and charges of the electricity supplier that would not be just and reasonable. The electricity supplier's petition shall include:

(1) a detailed listing of the participating electricity supplier's attempts to comply with its CHOICE plan;

(2) a detailed explanation of the change in circumstances giving rise to the electricity supplier's petition;

(3) a listing of the costs of the clean energy resources available to the electricity supplier; and

(4) the electricity supplier's calculation supporting the conclusion that the increase in rates and charges would not be just and reasonable.

(Indiana Utility Regulatory Commission; 170 IAC 17.1-5-2; filed Jul 9, 2012, 3:01 p.m.: 20120808-IR-170120097FRA)