Section 170IAC4-6-8. Approval denied; ratemaking treatment

   The following requirements apply if the commission denies a utility's request for approval of the modified use of qualified pollution control property projects under sections 5 through 7 of this rule, and the utility does not proceed with the use of the qualified pollution control property originally approved by the commission under sections 3 and 4 of this rule:

(1) Rates collected by the utility because of ratemaking treatment accorded under this rule to the qualified pollution control property projects under construction that did not receive modified use approval shall be interim and subject to refund as of the date of the commission's ruling denying modified approval.

(2) Within fifteen (15) days of the commission's ruling denying modified use approval, the utility shall provide the commission a list of the qualified pollution control property projects under construction that did not receive modified use approval and include the following for each project:

(A) The most recently anticipated inservice dates.

(B) The stages of completion.

(C) The dollar amounts expended by the utility in their construction to the date of the commission's ruling denying modified approval.

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

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

(F) Any other information the commission may require.

(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 denial.

(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 the commission's ruling denying modified use approval for 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.

(Indiana Utility Regulatory Commission; 170 IAC 4-6-8; filed Oct 5, 1993, 5:00 p.m.: 17 IR 177; 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)