Sec. 4. (a) As used in this chapter, “federally mandated costs” means costs that an energy utility has incurred, or estimates that it will incur, in connection with a compliance project, including capital, operating, maintenance, depreciation, tax, or financing costs, or costs that are directly related to the preparation and conduct of a regulatory proceeding.

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Terms Used In Indiana Code 8-1-8.4-4

  • commission: refers to the Indiana utility regulatory commission. See Indiana Code 8-1-1-1
  • compliance project: means a project:

    Indiana Code 8-1-8.4-2

  • energy utility: has the meaning set forth in Indiana Code 8-1-8.4-3
  • federally mandated requirement: means a requirement that the commission determines is imposed on an energy utility by the federal government in connection with any of the following:

    Indiana Code 8-1-8.4-5

     (b) The term includes costs related to a compliance project and incurred by an energy utility before the date of:

(1) the energy utility’s application to the commission under section 7 of this chapter; or

(2) an order of the commission under section 7 of this chapter with respect to the application;

if the commission finds the costs are just and reasonable.

     (c) The term does not include fines or penalties assessed against or imposed on an energy utility for violating laws, regulations, or consent decrees related to a federally mandated requirement.

As added by P.L.150-2011, SEC.1. Amended by P.L.2-2023, SEC.3.