Determination of pretax return

Ind. Code § 8-1-39-13, under Chapter 39. Transmission, Distribution, and Storage System Improvement Charges and Deferrals.

Ind. Code § 8-1-39-13

Sec. 13. (a) For purposes of calculating the TDSIC costs of a public utility, the commission shall determine an appropriate pretax return for the public utility. In determining the appropriate pretax return, the commission may consider the following factors: (1) The current state and federal income tax rates. (2) The public utility's capital structure. (3) The actual cost rates for the public utility's long term debt and preferred stock. (4) The public utility's cost of common equity determined by the commission in the public utility's most recent general rate proceeding. (5) Other information that the commission determines is necessary. (b) The commission shall adjust a public utility's authorized return for purposes of IC 8-1-2-42(d)(3) or IC 8-1-2-42(g)(3) to reflect incremental earnings from an approved TDSIC. As added by P.L.133-2013, SEC.5.

IC 8-1-39-14 Limit on increase in utility's total retail revenues resulting from TDSIC; combined revenue impact of TDSIC under terminated plan and TDSIC under new plan Sec. 14. (a) The commission may not approve a TDSIC that would result in an average aggregate increase in a public utility's total retail revenues of more than two percent (2%) in a twelve (12) month period. For purposes of this subsection, a public utility's total retail revenues do not include TDSIC revenues associated with a targeted economic development project. (b) If a public utility incurs TDSIC costs under the public utility's TDSIC plan that exceed the percentage increase in a TDSIC approved by the commission, the public utility shall defer recovery of the TDSIC costs as set forth in section 9(c) of this chapter. (c) For purposes of subsection (a), in the case of a public utility that terminates a TDSIC plan under section 10(d) of this chapter, the commission shall consider the combined twelve (12) month revenue impact of the TDSIC approved under the terminated plan and the TDSIC approved under any new TDSIC plan. As added by P.L.133-2013, SEC.5. Amended by P.L.89-2019, SEC.7.