Ind. Code § 8-1-31.5-1 Definitions
Sec. 1. The definitions in IC 8-1-2-1 apply throughout this chapter.
As added by P.L.104-2016, SEC.3.
Ind. Code ch. 8-1-31.5
Ind. Code ch. 8-1-31.5
in effectInd. Code § 8-1-31.5-2 "Actual revenues"
Sec. 2. As used in this chapter, "actual revenues" means the annual operating revenues that an eligible utility receives or accrues for a twelve (12) month period authorized for recovery through basic rates and charges approved by the commission in the eligible utility's most recent general rate case. However, the term does not include the following:
(1) Revenues received through an infrastructure improvement charge approved by the commission under IC 8-1-31.
(2) Revenues from the operation of a utility that an eligible utility acquires after the commission's most recent order establishing the eligible utility's level of annual operating revenues authorized for recovery by the eligible utility through existing rates and charges.
As added by P.L.104-2016, SEC.3.
Ind. Code § 8-1-31.5-3 "Adjustment amount"
Sec. 3. As used in this chapter, "adjustment amount" means the dollar amount:
(1) by which an eligible utility's actual revenues for a twelve (12) month period differ from the eligible utility's authorized revenues for the same twelve (12) month period; and
(2) that the eligible utility seeks to recover from or credit to customers through a system integrity adjustment requested in a petition filed under section 12 or 13 of this chapter.
As added by P.L.104-2016, SEC.3.
Ind. Code § 8-1-31.5-4 "Adjustment revenues"
Sec. 4. As used in this chapter, "adjustment revenues" means revenues produced through application of a system integrity adjustment. The term does not include revenue from other rates and charges.
As added by P.L.104-2016, SEC.3.
Ind. Code § 8-1-31.5-5 "Authorized revenues"
Sec. 5. As used in this chapter, "authorized revenues" means the annual operating revenues of an eligible utility approved by the commission for a twelve (12) month period in the eligible utility's most recent general rate case.
As added by P.L.104-2016, SEC.3.
Ind. Code § 8-1-31.5-6 "Cumulative excess or deficit"
Sec. 6. As used in this chapter, "cumulative excess or deficit" means the amount by which an eligible utility's actual revenues are:
(1) in the case of an excess, greater than; or
(2) in the case of a deficit, less than;
the eligible utility's authorized revenues measured on a cumulative annual basis from the effective date of the commission's order in the eligible utility's most recent general rate case proceeding.
As added by P.L.104-2016, SEC.3.
Ind. Code § 8-1-31.5-7 "Eligible utility"
Sec. 7. As used in this chapter, "eligible utility" means a:
(1) public utility;
(2) municipally owned utility; or
(3) not-for-profit utility;
that provides water or wastewater service and is under the jurisdiction of the commission for the approval of rates and charges.
As added by P.L.104-2016, SEC.3.
Ind. Code § 8-1-31.5-8 "Not-for-profit utility"
Sec. 8. As used in this chapter, "not-for-profit utility" has the meaning set forth in IC 8-1-2-125(a). The term includes a utility company that is owned, operated, or held in trust by a consolidated city.
As added by P.L.104-2016, SEC.3.
Ind. Code § 8-1-31.5-9 "System integrity adjustment"
Sec. 9. As used in this chapter, "system integrity adjustment" means an amount charged by an eligible utility to allow the automatic adjustment of the eligible utility's basic rates and charges to recover from or credit to customers an adjustment amount.
As added by P.L.104-2016, SEC.3.
Ind. Code § 8-1-31.5-10 "System integrity collar"
Sec. 10. As used in this chapter, "system integrity collar" means a dollar amount that is equal to the product of:
(1) an eligible utility's authorized revenues; multiplied by
(2) two hundredths (0.02).
An eligible utility's system integrity collar is satisfied when the eligible utility's cumulative excess or deficit equals or exceeds the eligible utility's system integrity collar.
As added by P.L.104-2016, SEC.3.
Ind. Code § 8-1-31.5-11 Limit on system integrity adjustment; allocation
Sec. 11. (a) A system integrity adjustment may not exceed the product of an eligible utility's adjustment amount multiplied by ninety-four hundredths (0.94).
(b) For purposes of the credit or recovery of an adjustment amount, a system integrity adjustment must be allocated only to an eligible utility's non-industrial rate classes.
As added by P.L.104-2016, SEC.3.
Ind. Code § 8-1-31.5-12 Petition for system integrity adjustment; requirements; utility consumer counselor; hearing and order; duration of system integrity adjustment
Sec. 12. (a) An eligible utility that is not collecting a system integrity adjustment may file with the commission a petition setting forth rate schedules that establish a system integrity adjustment to recover from or credit to customers the eligible utility's adjustment amount. The petition must establish that the eligible utility's system integrity collar has been satisfied on a cumulative basis following the effective date of the commission's order in the eligible utility's most recent general rate case. The eligible utility's system integrity collar may not be included in the calculation of its adjustment amount. The eligible utility shall certify in the petition that the eligible utility will use any adjustment revenues for eligible infrastructure improvements (as defined in IC 8-1-31-5).
(b) An eligible utility shall serve the office of the utility consumer counselor a copy of the petition at the same time the petition is filed with the commission. The office of the utility consumer counselor may do the following:
(1) Examine information of the eligible utility to confirm proper calculation of the proposed system integrity adjustment.
(2) Submit a report of the examination to the commission not later than thirty (30) days after the petition is filed.
(c) The commission shall hold a hearing on the petition and issue its order not later than ninety (90) days after the petition is filed.
(d) If the commission determines that the system integrity adjustment is properly calculated, the commission shall enter an order approving the petition. The system integrity adjustment may be collected until the earlier of the following:
(1) Forty-eight (48) months after the date set forth in the order entered under this subsection on which the eligible utility may begin collecting the system integrity adjustment.
(2) The date on which the commission issues an order in the eligible utility's next general rate case proceeding.
As added by P.L.104-2016, SEC.3.
Ind. Code § 8-1-31.5-13 Utility granted system integrity adjustment is required to petition for change in its adjustment amount
Sec. 13. (a) This section applies to an eligible utility for which the commission has issued an order approving a petition under section 12(d) of this chapter.
(b) An eligible utility shall file a petition for a change in its adjustment amount:
(1) not more than thirty (30) days after the end of each twelve (12) month period following the date on which the eligible utility files a petition under section 12 of this chapter; and
(2) until the commission issues an order in the eligible utility's next general rate case proceeding after the commission approves a system integrity adjustment.
(c) An eligible utility shall serve the office of the utility consumer counselor a copy of the petition at the same time the petition is filed with the commission.
(d) The commission shall hold a hearing on the petition and issue its order not later than ninety (90) days after the petition is filed.
As added by P.L.104-2016, SEC.3.
Ind. Code § 8-1-31.5-14 Utility's cumulative excess or deficit must be reset to zero
Sec. 14. For purposes of satisfying a system integrity collar, an eligible utility's cumulative excess or deficit shall be reset to zero (0) upon the effective date of the commission's order in the eligible utility's next general rate case proceeding after the commission approves a system integrity adjustment.
As added by P.L.104-2016, SEC.3.
Ind. Code § 8-1-31.5-15 Utility must reconcile difference between adjustment amount and adjustment revenues
Sec. 15. At the same time an eligible utility files a petition under section 13 of this chapter, the eligible utility shall reconcile the difference between:
(1) the adjustment amount approved by the commission for a previous twelve (12) month period; and
(2) the adjustment revenues received by the eligible utility during the same twelve (12) month period.
The eligible utility may recover from or credit to customers the reconciliation amount through a system integrity adjustment by filing a petition under section 12 of this chapter.
As added by P.L.104-2016, SEC.3.
Ind. Code § 8-1-31.5-16 Approval of utility's system integrity adjustment petition is not a general increase in basic rates and charges
Sec. 16. For purposes of IC 8-1-2-42(a), the approval of a petition filed under section 12 or 13 of this chapter is not a general increase in basic rates and charges.
As added by P.L.104-2016, SEC.3.
Ind. Code § 8-1-31.5-17 Comparison of actual revenues and authorized revenues to be included in utility's annual report
Sec. 17. An eligible utility that:
(1) is subject to the jurisdiction of the commission; and
(2) serves five thousand (5,000) or more customers;
shall include in its annual report to the commission on a form prescribed by the commission under IC 8-1-2-12 a comparison of actual revenues and authorized revenues for the period covered by the report.
As added by P.L.104-2016, SEC.3.
Ind. Code § 8-1-31.5-18 Rules or procedures to administer chapter
Sec. 18. The commission shall adopt by rule under IC 4-22-2 or by order other procedures not inconsistent with this chapter that the commission finds reasonable or necessary to administer this chapter.
As added by P.L.104-2016, SEC.3.
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