Section 170IAC4-6-23. Ratemaking treatment; canceled or indefinitely suspended projects

   The following requirements apply if a utility cancels or indefinitely suspends the construction of qualified pollution control property which has received ratemaking treatment under this rule on its own initiative or as a result of commission action:

(1) The utility shall provide notice of the cancellation or indefinite suspension of construction to the commission and to the office of utility consumer counselor within fifteen (15) days from the date the utility cancels or suspends the construction of projects that had received ratemaking treatment under this rule. The notice shall be verified by a responsible officer or manager of the utility and shall provide the following:

(A) A list of the qualified pollution control property projects that were canceled or indefinitely suspended, including the following:

(i) The effective dates of cancellation or indefinite suspension.

(ii) The most recently anticipated inservice dates.

(iii) The stages of completion.

(iv) The dollar amounts expended by the utility in their construction to the date of cancellation or indefinite suspension.

(v) The total revenue amounts collected because of the ratemaking treatment accorded to the projects under this rule.

(B) The most recent aggregate annual amount of rates collected by the utility because of the ratemaking treatment accorded to the projects under this rule.

(C) The reasons for the cancellation or indefinite suspension of the projects.

(D) Any other information the commission may require.

(2) Rates collected by the utility because of ratemaking treatment accorded under this rule to qualified pollution control property projects under construction that are canceled or indefinitely suspended shall be interim and subject to refund as of the date of cancellation or indefinite suspension.

(3) The collection of revenues associated with the ratemaking treatment accorded under this rule to the utility's qualified pollution control property projects under construction shall cease by either of the following methods:

(A) The utility filing amended rate schedules with the commission within thirty (30) days of the suspension or cancellation.

(B) The commission, after notice and hearing, shall determine and rule on the amounts of the utility's rate reductions and refunds as of the date of cancellation or indefinite suspension of qualified pollution control property projects that had received ratemaking treatment under this rule.

(4) Refunds required by this section may be accomplished first by a reduction in revenue being collected as a result of ratemaking treatment granted by the commission under this rule, to the extent that the utility is still collecting such revenues.

(5) A utility that, under this section, ceases collecting revenues associated with the ratemaking treatment of qualified pollution control property projects that have been canceled or indefinitely suspended shall not be precluded from recovering its expenditures in the canceled or indefinitely suspended projects under IC 8-1-8.7, IC 8-1-8.5, or IC 8-1-27.

(Indiana Utility Regulatory Commission; 170 IAC 4-6-23; filed Oct 5, 1993, 5:00 p.m.: 17 IR 181; readopted filed Jul 11, 2001, 4:30 p.m.: 24 IR 4233; readopted filed Apr 24, 2007, 8:21 a.m.: 20070509-IR-170070147RFA; readopted filed Aug 2, 2013, 2:16 p.m.: 20130828-IR-170130227RFA)