170 Ind. Admin. Code 1-5-2

Current through October 23, 2024
Section 170 IAC 1-5-2 - Purpose and applicability

Authority: IC 8-1-1-3

Affected: IC 8-1-2-42

Sec. 2.

(a) This rule is designed to:
(1) assist the commission in thoroughly and expeditiously reviewing a petition for a general rate change by an electing utility;
(2) provide support for the electing utility's rate petition; and
(3) reduce or avoid disputes.
(b) Notwithstanding any other provisions of this rule, this rule shall not:
(1) limit any rights of the commission or any party to a proceeding to obtain further information from a utility through the discovery process or otherwise;
(2) constitute a waiver of any objection by the commission or any party to the admission of information into the record of any proceeding;
(3) limit a utility's right in a proceeding to supplement the information it files under this rule as the utility deems appropriate; or
(4) be construed to require the production or disclosure of any information that is subject to or protected by any applicable privilege or found by the commission to be confidential under section 3 of this rule.
(c) This rule shall apply at the option of the electing utility. A utility exercising its option to file its case in accordance with this rule shall file a notice of its intent to do so at the time it files its petition for a general rate change.
(d) This rule and its expedited time frame are intended to apply to general rate case filings that comply with this rule.
(e) After review of the documents filed by the electing utility in its petition for a general rate case, the commission may enter a finding that the:
(1) test year proposed by the utility is reasonably representative of the electing utility's ongoing operations;
(2) cutoff dates filed by the electing utility shall be the cutoff dates used in a proceeding filed under this rule;
(3) accounting methodology proposed by the electing utility conforms with the guidelines set forth in section 5 of this rule; and
(4) case-in-chief filed by the electing utility meets the requirements of this rule to the extent not otherwise waived. However, such a finding by the commission is not a finding as to the accuracy or reasonableness of the information.
(f) The commission may waive the requirements of this rule, in whole or in part, under section 4(b) of this rule.

170 IAC 1-5-2

Indiana Utility Regulatory Commission; 170 IAC 1-5-2; filed Oct 28, 1998, 3:38 p.m.: 22 IR 720; errata filed Nov 22, 1999, 3:32 p.m.: 23 IR 812; readopted filed Nov 23, 2004, 2:30 p.m.: 28 IR 1315; filed Jul 31, 2009, 8:28 a.m.: 20090826-IR-170080670FRA
Readopted filed 6/9/2015, 3:18 p.m.: 20150708-IR-170150103RFA
Readopted filed 10/7/2021, 1:05 p.m.: 20211103-IR-170210349RFA