Authorization to recover strategic investments through rider — Electric distribution cooperative and electric generation and transmission cooperative

Ark. Code Ann. § 23-4-1306 — under Regulation of Rates and Charges Generally.

Ark. Code Ann. § 23-4-1306

(a) An electric distribution cooperative or an electric generation and transmission cooperative may obtain a rider to recover strategic investments if not otherwise recoverable in rates previously approved by the Arkansas Public Service Commission after:(1) A commission order approving an application under § 23-3-201 et seq. or the Utility Facility Environmental and Economic Protection Act, § 23-18-501 et seq., or a notice under § 23-18-104; or(2) A commission order approving any other application related to the siting or prudence of the decision to invest in the new strategic investments.

(1) A commission order approving an application under § 23-3-201 et seq. or the Utility Facility Environmental and Economic Protection Act, § 23-18-501 et seq., or a notice under § 23-18-104; or

(2) A commission order approving any other application related to the siting or prudence of the decision to invest in the new strategic investments.

(b) (1) An electric distribution cooperative or an electric generation and transmission cooperative may elect to file with the commission a rider to recover strategic investments that are not included in rates.(2) The electric distribution cooperative or the electric generation and transmission cooperative shall provide notice to the Attorney General of the filing of the rider by the electric distribution cooperative or the electric generation and transmission cooperative on the date the electric distribution cooperative or the electric generation and transmission cooperative files the rider with the commission.

(1) An electric distribution cooperative or an electric generation and transmission cooperative may elect to file with the commission a rider to recover strategic investments that are not included in rates.

(2) The electric distribution cooperative or the electric generation and transmission cooperative shall provide notice to the Attorney General of the filing of the rider by the electric distribution cooperative or the electric generation and transmission cooperative on the date the electric distribution cooperative or the electric generation and transmission cooperative files the rider with the commission.

(c) An electric distribution cooperative or an electric generation and transmission cooperative may select the date of the first annual filing update, with all subsequent updates to be filed on or by the same day annually as the first filing update.

(d) For a rider under this subchapter, an electric distribution cooperative or an electric generation and transmission cooperative shall use a rider test period.

(e) (1) Upon receipt of an electric distribution cooperative's or an electric generation and transmission cooperative's filing to implement the rider rate schedule and each annual update under this subchapter, the commission shall issue an order approving the rider rate schedule and each annual update to recover strategic investments under this subchapter if the commission determines that the electric distribution cooperative's or the electric generation and transmission cooperative's application complies with the provisions of this section.(2) (A) Unless the commission determines that approving the electric distribution cooperative's or the electric generation and transmission cooperative's application does not comply with this subchapter, the commission shall enter an order within ninety (90) calendar days following the date of the electric distribution cooperative's or the electric generation and transmission cooperative's filing.(B) (i) If the commission determines that approving an application does not comply with this section, the commission shall enter an order denying the application.(ii) In the order entered by the commission under subdivision (e)(2)(B)(i) of this section, the commission shall discuss:(a) The basis for the commission's findings; and(b) Any evidence or other information submitted by the electric distribution cooperative or the electric generation and transmission cooperative as part of its application that the commission deems to be insufficient.(C) Each annual update shall include, for the initial rider test year, the construction work in progress costs that will ultimately be capitalized on which the utility will earn a return, amounts that would otherwise be recorded as allowance for funds used during construction, and any expenses associated with the construction work in progress that will not be capitalized.(D) The commission shall verify the amounts included in each annual update reflect the amounts authorized for recovery under this subchapter.(E) The commission shall complete its review of each annual update filing and issue its order within ninety (90) days following the date of the annual update filing.(F) (i) If the electric distribution cooperative or the electric generation and transmission cooperative submits an amended filing remedying the areas of noncompliance identified by the commission in its order, the commission shall enter an order approving the application within ten (10) calendar days following the date of the amended filing unless the commission finds that the filing does not comply with the provisions of this subchapter.(ii) If the commission finds that the amended filing does not remedy the areas of noncompliance, the commission shall enter an order denying the application.(iii) In the order entered under subdivision (e)(2)(F)(ii) of this section, the commission shall discuss:(a) The basis for the commission's findings; and(b) Any evidence or other information submitted by the electric distribution cooperative or electric generation and transmission cooperative with its amended filing that the commission finds does not comply with specific provisions of this subchapter.(G) The process outlined in subdivisions (e)(2)(B) and (e)(2)(F) of this section may continue until the commission finds that:(i) The electric distribution cooperative's or the electric generation and transmission cooperative's application complies with this subchapter;(ii) The electric distribution cooperative or the electric generation and transmission cooperative withdraws its application; or(iii) The electric distribution cooperative or the electric generation and transmission cooperative appeals the commission's decision under § 23-2-423.(H) If the commission fails to issue its order within the time frames stated in this subchapter, the electric distribution cooperative's or the electric generation and transmission cooperative's filing shall become effective by operation of law, subject to completion of the commission's review under this subchapter.

(1) Upon receipt of an electric distribution cooperative's or an electric generation and transmission cooperative's filing to implement the rider rate schedule and each annual update under this subchapter, the commission shall issue an order approving the rider rate schedule and each annual update to recover strategic investments under this subchapter if the commission determines that the electric distribution cooperative's or the electric generation and transmission cooperative's application complies with the provisions of this section.

(2) (A) Unless the commission determines that approving the electric distribution cooperative's or the electric generation and transmission cooperative's application does not comply with this subchapter, the commission shall enter an order within ninety (90) calendar days following the date of the electric distribution cooperative's or the electric generation and transmission cooperative's filing.(B) (i) If the commission determines that approving an application does not comply with this section, the commission shall enter an order denying the application.(ii) In the order entered by the commission under subdivision (e)(2)(B)(i) of this section, the commission shall discuss:(a) The basis for the commission's findings; and(b) Any evidence or other information submitted by the electric distribution cooperative or the electric generation and transmission cooperative as part of its application that the commission deems to be insufficient.(C) Each annual update shall include, for the initial rider test year, the construction work in progress costs that will ultimately be capitalized on which the utility will earn a return, amounts that would otherwise be recorded as allowance for funds used during construction, and any expenses associated with the construction work in progress that will not be capitalized.(D) The commission shall verify the amounts included in each annual update reflect the amounts authorized for recovery under this subchapter.(E) The commission shall complete its review of each annual update filing and issue its order within ninety (90) days following the date of the annual update filing.(F) (i) If the electric distribution cooperative or the electric generation and transmission cooperative submits an amended filing remedying the areas of noncompliance identified by the commission in its order, the commission shall enter an order approving the application within ten (10) calendar days following the date of the amended filing unless the commission finds that the filing does not comply with the provisions of this subchapter.(ii) If the commission finds that the amended filing does not remedy the areas of noncompliance, the commission shall enter an order denying the application.(iii) In the order entered under subdivision (e)(2)(F)(ii) of this section, the commission shall discuss:(a) The basis for the commission's findings; and(b) Any evidence or other information submitted by the electric distribution cooperative or electric generation and transmission cooperative with its amended filing that the commission finds does not comply with specific provisions of this subchapter.(G) The process outlined in subdivisions (e)(2)(B) and (e)(2)(F) of this section may continue until the commission finds that:(i) The electric distribution cooperative's or the electric generation and transmission cooperative's application complies with this subchapter;(ii) The electric distribution cooperative or the electric generation and transmission cooperative withdraws its application; or(iii) The electric distribution cooperative or the electric generation and transmission cooperative appeals the commission's decision under § 23-2-423.(H) If the commission fails to issue its order within the time frames stated in this subchapter, the electric distribution cooperative's or the electric generation and transmission cooperative's filing shall become effective by operation of law, subject to completion of the commission's review under this subchapter.

(A) Unless the commission determines that approving the electric distribution cooperative's or the electric generation and transmission cooperative's application does not comply with this subchapter, the commission shall enter an order within ninety (90) calendar days following the date of the electric distribution cooperative's or the electric generation and transmission cooperative's filing.

(B) (i) If the commission determines that approving an application does not comply with this section, the commission shall enter an order denying the application.(ii) In the order entered by the commission under subdivision (e)(2)(B)(i) of this section, the commission shall discuss:(a) The basis for the commission's findings; and(b) Any evidence or other information submitted by the electric distribution cooperative or the electric generation and transmission cooperative as part of its application that the commission deems to be insufficient.

(i) If the commission determines that approving an application does not comply with this section, the commission shall enter an order denying the application.

(ii) In the order entered by the commission under subdivision (e)(2)(B)(i) of this section, the commission shall discuss:(a) The basis for the commission's findings; and(b) Any evidence or other information submitted by the electric distribution cooperative or the electric generation and transmission cooperative as part of its application that the commission deems to be insufficient.

(a) The basis for the commission's findings; and

(b) Any evidence or other information submitted by the electric distribution cooperative or the electric generation and transmission cooperative as part of its application that the commission deems to be insufficient.

(C) Each annual update shall include, for the initial rider test year, the construction work in progress costs that will ultimately be capitalized on which the utility will earn a return, amounts that would otherwise be recorded as allowance for funds used during construction, and any expenses associated with the construction work in progress that will not be capitalized.

(D) The commission shall verify the amounts included in each annual update reflect the amounts authorized for recovery under this subchapter.

(E) The commission shall complete its review of each annual update filing and issue its order within ninety (90) days following the date of the annual update filing.

(F) (i) If the electric distribution cooperative or the electric generation and transmission cooperative submits an amended filing remedying the areas of noncompliance identified by the commission in its order, the commission shall enter an order approving the application within ten (10) calendar days following the date of the amended filing unless the commission finds that the filing does not comply with the provisions of this subchapter.(ii) If the commission finds that the amended filing does not remedy the areas of noncompliance, the commission shall enter an order denying the application.(iii) In the order entered under subdivision (e)(2)(F)(ii) of this section, the commission shall discuss:(a) The basis for the commission's findings; and(b) Any evidence or other information submitted by the electric distribution cooperative or electric generation and transmission cooperative with its amended filing that the commission finds does not comply with specific provisions of this subchapter.

(i) If the electric distribution cooperative or the electric generation and transmission cooperative submits an amended filing remedying the areas of noncompliance identified by the commission in its order, the commission shall enter an order approving the application within ten (10) calendar days following the date of the amended filing unless the commission finds that the filing does not comply with the provisions of this subchapter.

(ii) If the commission finds that the amended filing does not remedy the areas of noncompliance, the commission shall enter an order denying the application.

(iii) In the order entered under subdivision (e)(2)(F)(ii) of this section, the commission shall discuss:(a) The basis for the commission's findings; and(b) Any evidence or other information submitted by the electric distribution cooperative or electric generation and transmission cooperative with its amended filing that the commission finds does not comply with specific provisions of this subchapter.

(a) The basis for the commission's findings; and

(b) Any evidence or other information submitted by the electric distribution cooperative or electric generation and transmission cooperative with its amended filing that the commission finds does not comply with specific provisions of this subchapter.

(G) The process outlined in subdivisions (e)(2)(B) and (e)(2)(F) of this section may continue until the commission finds that:(i) The electric distribution cooperative's or the electric generation and transmission cooperative's application complies with this subchapter;(ii) The electric distribution cooperative or the electric generation and transmission cooperative withdraws its application; or(iii) The electric distribution cooperative or the electric generation and transmission cooperative appeals the commission's decision under § 23-2-423.

(i) The electric distribution cooperative's or the electric generation and transmission cooperative's application complies with this subchapter;

(ii) The electric distribution cooperative or the electric generation and transmission cooperative withdraws its application; or

(iii) The electric distribution cooperative or the electric generation and transmission cooperative appeals the commission's decision under § 23-2-423.

(H) If the commission fails to issue its order within the time frames stated in this subchapter, the electric distribution cooperative's or the electric generation and transmission cooperative's filing shall become effective by operation of law, subject to completion of the commission's review under this subchapter.

(f) (1) At the election of the electric distribution cooperative or the electric generation and transmission cooperative, strategic investments shall be recovered through the rider under this subchapter, separate from any rate adjustments by an electric distribution cooperative under § 23-4-901 et seq., any rate adjustments by an electric generation and transmission cooperative under § 23-4-1101 et seq., any other rider, or otherwise as part of the electric distribution cooperative's or the electric generation and transmission cooperative's rates approved by the commission.(2) If elected by an electric distribution cooperative or an electric generation and transmission cooperative, the rider shall remain in effect under this subchapter until the electric distribution cooperative or the electric generation and transmission cooperative decides to withdraw the rider with respect to future cost recovery for strategic investments to be made after the date of the withdrawal.

(1) At the election of the electric distribution cooperative or the electric generation and transmission cooperative, strategic investments shall be recovered through the rider under this subchapter, separate from any rate adjustments by an electric distribution cooperative under § 23-4-901 et seq., any rate adjustments by an electric generation and transmission cooperative under § 23-4-1101 et seq., any other rider, or otherwise as part of the electric distribution cooperative's or the electric generation and transmission cooperative's rates approved by the commission.

(2) If elected by an electric distribution cooperative or an electric generation and transmission cooperative, the rider shall remain in effect under this subchapter until the electric distribution cooperative or the electric generation and transmission cooperative decides to withdraw the rider with respect to future cost recovery for strategic investments to be made after the date of the withdrawal.

(g) For the purposes of calculating rates to recover the costs of strategic investments, including rates implemented through an individual customer contract, the commission shall ensure that the rates charged to customers recover the costs of strategic investments in a manner that is consistent with applicable law and in the public interest.

(h) (1) An amount collected through the rider under this subchapter shall be collected subject to refunds pending the completion of the commission's review under this subchapter.(2) At any time during the process, if the commission finds that any costs were not prudently incurred, the commission shall order that the costs that were not prudently incurred be refunded to customers through bill credits .

(1) An amount collected through the rider under this subchapter shall be collected subject to refunds pending the completion of the commission's review under this subchapter.

(2) At any time during the process, if the commission finds that any costs were not prudently incurred, the commission shall order that the costs that were not prudently incurred be refunded to customers through bill credits .

(i) The rider elected by an electric distribution cooperative or an electric generation and transmission cooperative under this subchapter to recover strategic investments is a revenue requirement rider and shall provide an electric distribution cooperative's or an electric generation and transmission cooperative's approved times interest earned ratio, including any amounts to build members' equity, for the construction work in progress during construction and return on rate base plus operating expenses once the strategic investments are complete and in service.

(j) (1) An electric distribution cooperative or an electric generation and transmission cooperative shall not accrue an allowance for funds used during construction for strategic investments with costs recovered through the rider.(2) Instead the commission may allow an electric distribution cooperative or an electric generation and transmission cooperative to adjust its revenues through the rider under this subchapter to maintain its authorized times interest earned ratio for expenditures associated with any construction work in progress.

(1) An electric distribution cooperative or an electric generation and transmission cooperative shall not accrue an allowance for funds used during construction for strategic investments with costs recovered through the rider.

(2) Instead the commission may allow an electric distribution cooperative or an electric generation and transmission cooperative to adjust its revenues through the rider under this subchapter to maintain its authorized times interest earned ratio for expenditures associated with any construction work in progress.

(k) The commission may allow an electric distribution cooperative or an electric generation and transmission cooperative to recover through the rider under this subchapter any expenses associated with the construction of strategic investments that will not be capitalized.

(l) In calculating construction work in progress, including actual costs and any projections, the electric distribution cooperative or the electric generation and transmission cooperative shall base all amounts on year-end information not subject to averaging beginning-of-year and end-of-year balances.

(m) For the purposes of the rider under this subchapter, the electric distribution cooperative's or the electric generation and transmission cooperative's times interest earned ratio shall be the times interest earned ratio underlying its currently approved rates, including any additional amounts to build equity of the members of the electric distribution cooperative or the electric generation and transmission cooperative.

(n) (1) On the strategic investments' being complete and in service, the commission shall authorize the electric distribution cooperative or the electric generation and transmission cooperative to adjust its revenues through the rider under this subchapter to maintain its authorized times interest earned ratio for expenditures associated with any construction work in progress costs that will ultimately be capitalized or recorded as allowance for funds used during construction when the strategic investments are complete and in service.(2) Once the strategic investments are complete and in service, the commission shall authorize the electric distribution cooperative or the electric generation and transmission cooperative to recover through the rider under this subchapter any on-going expenses associated with the strategic investments.(3) In the electric distribution cooperative's or the electric generation and transmission cooperative's next general rate case proceeding, the commission shall allow the electric distribution cooperative or the electric generation and transmission cooperative to include any capitalized amounts and associated expenses for completed strategic investments in its base rates.(4) (A) In its next general rate case proceeding, the electric distribution cooperative or the electric generation and transmission cooperative shall move any amounts for any completed strategic investments from the rider under this subchapter into its base rates.(B) The electric distribution cooperative or the electric generation and transmission cooperative shall continue to recover through the rider under this subchapter the costs and expenses associated with any strategic investments that are not complete and in service.

(1) On the strategic investments' being complete and in service, the commission shall authorize the electric distribution cooperative or the electric generation and transmission cooperative to adjust its revenues through the rider under this subchapter to maintain its authorized times interest earned ratio for expenditures associated with any construction work in progress costs that will ultimately be capitalized or recorded as allowance for funds used during construction when the strategic investments are complete and in service.

(2) Once the strategic investments are complete and in service, the commission shall authorize the electric distribution cooperative or the electric generation and transmission cooperative to recover through the rider under this subchapter any on-going expenses associated with the strategic investments.

(3) In the electric distribution cooperative's or the electric generation and transmission cooperative's next general rate case proceeding, the commission shall allow the electric distribution cooperative or the electric generation and transmission cooperative to include any capitalized amounts and associated expenses for completed strategic investments in its base rates.

(4) (A) In its next general rate case proceeding, the electric distribution cooperative or the electric generation and transmission cooperative shall move any amounts for any completed strategic investments from the rider under this subchapter into its base rates.(B) The electric distribution cooperative or the electric generation and transmission cooperative shall continue to recover through the rider under this subchapter the costs and expenses associated with any strategic investments that are not complete and in service.

(A) In its next general rate case proceeding, the electric distribution cooperative or the electric generation and transmission cooperative shall move any amounts for any completed strategic investments from the rider under this subchapter into its base rates.

(B) The electric distribution cooperative or the electric generation and transmission cooperative shall continue to recover through the rider under this subchapter the costs and expenses associated with any strategic investments that are not complete and in service.

(o) The revenues from the rider under this subchapter shall be included in calculating the allowed level of any rate increase for electric distribution cooperative rate adjustments under § 23-4-901 et seq. or electric generation and transmission cooperative rate adjustments under § 23-4-1101 et seq. but shall otherwise be excluded from the revenues included in electric distribution cooperative rate adjustments under § 23-4-901 et seq. or electric generation and transmission cooperative rate adjustments under § 23-4-1101 et seq.

(p) The commission shall authorize an electric distribution cooperative or an electric generation and transmission cooperative to monetize or apply any tax credits or other tax incentives, including without limitation investment tax credits and production tax credits, where possible to reduce the cost of constructing or acquiring any strategic investments for the benefit of members of the electric distribution cooperative or the electric generation and transmission cooperative.

(q) (1) An electric distribution cooperative or an electric generation and transmission cooperative shall seek federal funds and loan programs to reduce the cost of constructing, acquiring, and financing strategic investments if possible, appropriate, and available for the benefit of members of the electric distribution cooperative or the electric generation and transmission cooperative.(2) If an electric distribution cooperative or an electric generation and transmission cooperative requests and receives federal funding to support constructing or acquiring strategic investments, the applicable amount of federal funding shall be deducted from the value of the strategic investments that are capitalized and recoverable through rates charged to members of the electric distribution cooperative or the electric generation and transmission cooperative.

(1) An electric distribution cooperative or an electric generation and transmission cooperative shall seek federal funds and loan programs to reduce the cost of constructing, acquiring, and financing strategic investments if possible, appropriate, and available for the benefit of members of the electric distribution cooperative or the electric generation and transmission cooperative.

(2) If an electric distribution cooperative or an electric generation and transmission cooperative requests and receives federal funding to support constructing or acquiring strategic investments, the applicable amount of federal funding shall be deducted from the value of the strategic investments that are capitalized and recoverable through rates charged to members of the electric distribution cooperative or the electric generation and transmission cooperative.

(r) If an electric distribution cooperative or an electric generation and transmission cooperative has revenues above its authorized times interest earned ratio, the electric distribution cooperative or the electric generation and transmission cooperative shall not be required to adjust rates if the electric distribution cooperative or the electric generation and transmission cooperative can demonstrate that it has plans to invest in strategic investments that would qualify for recovery through the rider in amounts equal to or greater than the amount above the authorized times interest earned ratio.

(s) Except as otherwise provided in this subchapter, this section does not alter the powers and authority of the commission.

(t) A commission review of the expenditures associated with strategic investments included in the rider under this subchapter, including evaluating whether or not any costs or expenses are reasonable and prudently incurred, shall be completed within twelve (12) calendar months after the date upon which the electric distribution cooperative or the electric generation and transmission cooperative provides notice that the strategic investments are complete and in service.

(u) An expenditure associated with strategic investments for which an application for approval is pending before the commission as of March 20, 2025, shall be eligible for recovery through the rider under this subchapter if:(1) The costs are not otherwise included in rates approved by the commission before March 20, 2025;(2) The electric distribution cooperative or the electric generation and transmission cooperative has an application pending that was filed before March 20, 2025, for approval:(A) To construct a power generation facility outside of the state under § 23-18-104;(B) To obtain a certificate of environmental compatibility and public need under the Utility Facility Environmental and Economic Protection Act, § 23-18-501 et seq.;(C) To obtain a certificate of public convenience and necessity under § 23-3-201 et seq.; or(D) For any other application related to the siting or prudence of the decision to invest in the new strategic investments; and(3) The commission enters an order after January 1, 2025, approving an application that was filed before March 20, 2025, for approval:(A) To construct a power generation facility outside of the state under § 23-18-104;(B) To obtain a certificate of environmental compatibility and public need under the Utility Facility Environmental and Economic Protection Act, § 23-18-501 et seq.;(C) To obtain a certificate of public convenience and necessity under § 23-3-201 et seq.; or(D) For any other application related to the siting or prudence of the decision to invest in the new strategic investments.

(1) The costs are not otherwise included in rates approved by the commission before March 20, 2025;

(2) The electric distribution cooperative or the electric generation and transmission cooperative has an application pending that was filed before March 20, 2025, for approval:(A) To construct a power generation facility outside of the state under § 23-18-104;(B) To obtain a certificate of environmental compatibility and public need under the Utility Facility Environmental and Economic Protection Act, § 23-18-501 et seq.;(C) To obtain a certificate of public convenience and necessity under § 23-3-201 et seq.; or(D) For any other application related to the siting or prudence of the decision to invest in the new strategic investments; and

(A) To construct a power generation facility outside of the state under § 23-18-104;

(B) To obtain a certificate of environmental compatibility and public need under the Utility Facility Environmental and Economic Protection Act, § 23-18-501 et seq.;

(C) To obtain a certificate of public convenience and necessity under § 23-3-201 et seq.; or

(D) For any other application related to the siting or prudence of the decision to invest in the new strategic investments; and

(3) The commission enters an order after January 1, 2025, approving an application that was filed before March 20, 2025, for approval:(A) To construct a power generation facility outside of the state under § 23-18-104;(B) To obtain a certificate of environmental compatibility and public need under the Utility Facility Environmental and Economic Protection Act, § 23-18-501 et seq.;(C) To obtain a certificate of public convenience and necessity under § 23-3-201 et seq.; or(D) For any other application related to the siting or prudence of the decision to invest in the new strategic investments.

(A) To construct a power generation facility outside of the state under § 23-18-104;

(B) To obtain a certificate of environmental compatibility and public need under the Utility Facility Environmental and Economic Protection Act, § 23-18-501 et seq.;

(C) To obtain a certificate of public convenience and necessity under § 23-3-201 et seq.; or

(D) For any other application related to the siting or prudence of the decision to invest in the new strategic investments.

(v) (1) If a customer pays or multiple customers pay for a portion of any strategic investments through a contribution in aid of construction or through other form of payment, the strategic investments shall continue to be considered strategic investments and classified as part of the electric distribution cooperative's or the electric generation and transmission cooperative's retail assets and recoverable through the electric distribution cooperative's or the electric generation and transmission cooperative's retail rates, either in the base rates of the electric distribution cooperative or the electric generation and transmission cooperative, through a rider under this subchapter, or rates otherwise approved by the commission.(2) (A) A payment by a customer or customers for a portion of any strategic investments through a contribution in aid of construction shall be deducted from the cost of the strategic investments capitalized and recovered through rates.(B) A payment by a customer or customers through any other forms of payment shall be recorded for ratemaking purposes when the strategic investments are first included in rates and shall be recognized as payment over a period not to exceed the life of the strategic investments in a manner that provides comparable benefits for other customers over the life of the strategic investments.

(1) If a customer pays or multiple customers pay for a portion of any strategic investments through a contribution in aid of construction or through other form of payment, the strategic investments shall continue to be considered strategic investments and classified as part of the electric distribution cooperative's or the electric generation and transmission cooperative's retail assets and recoverable through the electric distribution cooperative's or the electric generation and transmission cooperative's retail rates, either in the base rates of the electric distribution cooperative or the electric generation and transmission cooperative, through a rider under this subchapter, or rates otherwise approved by the commission.

(2) (A) A payment by a customer or customers for a portion of any strategic investments through a contribution in aid of construction shall be deducted from the cost of the strategic investments capitalized and recovered through rates.(B) A payment by a customer or customers through any other forms of payment shall be recorded for ratemaking purposes when the strategic investments are first included in rates and shall be recognized as payment over a period not to exceed the life of the strategic investments in a manner that provides comparable benefits for other customers over the life of the strategic investments.

(A) A payment by a customer or customers for a portion of any strategic investments through a contribution in aid of construction shall be deducted from the cost of the strategic investments capitalized and recovered through rates.

(B) A payment by a customer or customers through any other forms of payment shall be recorded for ratemaking purposes when the strategic investments are first included in rates and shall be recognized as payment over a period not to exceed the life of the strategic investments in a manner that provides comparable benefits for other customers over the life of the strategic investments.