Indiana Code
Chapter 27. Environmental Compliance Plans
8-1-27-23. Voluntary Nature of Chapter Procedures

Sec. 23. (a) Use of the procedures in this chapter is voluntary to a public utility. The failure of a public utility to use the approval provisions of this chapter may not create a presumption of imprudence or nonrecovery in rates for environmental compliance plan costs.
(b) This chapter does not require a public utility to use this chapter to recover a cost or expense otherwise recoverable in the public utility's rates. A higher standard for the recovery of such costs or for determining the appropriateness of an environmental compliance plan may not be imposed because of a public utility's election not to use the provisions of this chapter.
(c) An order of the commission approving an environmental compliance plan under this chapter may not limit or define the measures that may be proposed in a compliance plan submitted by another public utility or approved by the commission.
As added by P.L.76-1991, SEC.1.

Structure Indiana Code

Indiana Code

Title 8. Utilities and Transportation

Article 1. Utilities Generally

Chapter 27. Environmental Compliance Plans

8-1-27-1. "Clean Air Act" Defined

8-1-27-2. "Clean Air Act Amendments of 1990" Defined

8-1-27-3. "Environmental Compliance Plan" Defined

8-1-27-4. "Indiana Coal" Defined

8-1-27-5. "Public Utility" Defined

8-1-27-5.5. "Change of Fuel Type" Defined

8-1-27-6. Environmental Compliance Plan; Required Information

8-1-27-7. Public Hearing on Plan; Notice

8-1-27-8. Order Approving Plan; Conditions

8-1-27-9. Rejection of Plan; Modified Plan; Withdrawal of Plan Without Prejudice

8-1-27-10. Submission of Plan to Government Environmental Agency; Conflicts

8-1-27-11. Modification of Previously Approved Plan; Review by Commission

8-1-27-12. Recovery of Costs by Public Utility for Capital Projects or Implemented Plan

8-1-27-13. Revised Cost and Schedule Estimate for Developing and Implementing Plan; Submission to Commission

8-1-27-14. Plan Exceeding Clean Air Act Amendments of 1990 Requirements; Credits or Additional Benefits

8-1-27-15. General Rate Proceedings; Consideration of Change in Risk to Utility Following Approval of Plan

8-1-27-16. Utility's Recovery of Expenditures Due to Plan Modification

8-1-27-17. Recovery of Costs Incurred by Utility in Implementing Measure Set Forth in Plan but Disapproved by Commission Upon Review

8-1-27-18. Review of Plan by Commission; Withdrawal of Approval or Modification of Plan

8-1-27-19. Ongoing Review of Cost and Implementation of Plan; Progress Report; Recovery of Costs; Approval or Disapproval by Commission; Effect

8-1-27-20. Annual Plan Review; Compliance With Ic 8-1-27-8

8-1-27-21. Repealed

8-1-27-22. Contract for Sale and Purchase of Coal; Effect of Chapter

8-1-27-23. Voluntary Nature of Chapter Procedures