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.
Structure Indiana Code
Title 8. Utilities and Transportation
Article 1. Utilities Generally
Chapter 8.7. Clean Coal Technology
8-1-8.7-1. "Clean Coal Technology"
8-1-8.7-3. Certificate of Public Convenience and Necessity; Use of Clean Coal Technology
8-1-8.7-4. Hearings and Requisite Findings; Estimated Costs; Use of Indiana Coal
8-1-8.7-5. Modification or Revocation of Certificate
8-1-8.7-6. Cancellation of Clean Coal Technology Implementation; Recovery of Expenditures
8-1-8.7-7. Ongoing Review of Construction and Costs
8-1-8.7-8. Review of Completed Construction; Costs Exceeding Estimated and Approved Costs