Indiana Code 8-1-8.7-6. Cancellation of clean coal technology implementation; recovery of expenditures
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Terms Used In Indiana Code 8-1-8.7-6
- commission: refers to the Indiana utility regulatory commission. See Indiana Code 8-1-1-1
- Fraud: Intentional deception resulting in injury to another.
- public utility: means a public or municipally owned utility. See Indiana Code 8-1-8.7-2
Sec. 6. If a public utility cancels the implementation of the technology as a result of the modification or revocation of a certificate by the commission under section 5 of this chapter, the public utility may recover the amount of its investment in the technology, along with a reasonable return on the unamortized balance. The utility may not recover on amounts expended in excess of the cost estimates approved by the commission under section 4 of this chapter unless the utility can prove to the commission that those expenditures were necessary and prudent. The recovery must be made over a reasonable period of time through rates charged by the public utility. A recovery may not be made if there was fraud, concealment, or gross mismanagement on the part of the public utility.
As added by P.L.105-1989, SEC.4.