exception Sec. 42.3. (a) As used in this section, "relevant period" means the last month of the twelve (12) month test period considered in the current application before the commission under section 42(d)(3) and 42(g)(3)(c) of this chapter and extending through the longer of the: (1) immediately preceding fifty-nine (59) months; or (2) period beginning with the first full month following the last order issued by the commission in which the utility's basic rates and charges were approved. (b) The commission shall order a reduction in the: (1) fuel charge applied for under section 42(d)(3) of this chapter; or (2) gas cost adjustment applied for under section 42(g)(3)(c) of this chapter; only if the amount determined under subsection (c) is greater than zero. (c) The commission shall calculate for the relevant period the sum of the differentials (both positive and negative) between the determined return and the authorized return for the respective twelve (12) month test period for each application for the relevant period, in each case as shown directly or indirectly by the commission's findings in each respective order issued under section 42(d) or 42(g) of this chapter. (d) Consistent with subsection (b), the amount of reduction shall be determined by dividing the lesser of: (1) the amount determined under subsection (c); or (2) the amount by which the return in the current application before the commission was more than the authorized return; by the total number of applications filed during the twelve (12) month test period considered in the current application before the commission. (e) This section does not apply to a general district corporation within the meaning of IC 8-1-13-23(a). As added by P.L.108-1995, SEC.2.
IC 8-1-2-42.5 Periodic review of rates and charges; commission to post summary of reviews of electricity suppliers on Internet web site Sec. 42.5. (a) The commission shall by rule or order, consistent with the resources of the commission and the office of the utility consumer counselor, require that the basic rates and charges of all public, municipally owned, and cooperatively owned utilities (except those utilities described in section 61.5 of this chapter) are subject to a regularly scheduled periodic review and revision by the commission. However, the commission shall conduct the periodic review at least once every four (4) years and may not authorize a filing for an increase in basic rates and charges more frequently than is permitted by operation of section 42(a) of this chapter. (b) The commission shall make the results of the commission's most recent periodic review of the basic rates and charges of an electricity supplier (as defined in IC 8-1-2.3-2(b)) available for public inspection by posting a summary of the results on the commission's Internet web site. If an electricity supplier whose basic rates and charges are reviewed under this section maintains a publicly accessible Internet web site, the electricity supplier shall provide a link on the electricity supplier's Internet web site to the summary of the results posted on the commission's Internet web site. As added by P.L.88-1985, SEC.4. Amended by P.L.264-2017, SEC.1.