1. (a) An electricity supplier may, but is not required to, petition the commission for approval to recover eligible program costs. An electricity supplier may file a petition with the commission under this section:

   1. (1) as part of a base rate case; or
   2. (2) at any time as part of an independent proceeding in which the electricity supplier petitions the commission to recover eligible program costs on a timely basis through a periodic rate adjustment mechanism.

2. (b) A petition under subsection (a)(2) for approval of a rate schedule that periodically adjusts the electricity supplier's rates and charges to provide for the timely recovery of eligible program costs must include the following for a twelve (12) month period set forth in the electricity supplier's petition:

   1. (1) A description of any money, services, or property that has been or will be provided at no cost to the electricity supplier by or through any:

      1. (A) governmental agency or program; or

      2. (B) other third party, including voluntary charitable contributions from nonprofit organizations or from employees, customers, or shareholders of the electricity supplier;

         in support of the low income customer assistance program, including the actual or estimated amount or value of the money, services, or property described.

   2. (2) A statement of any amounts that have been or will be allocated or contributed to the electricity supplier's low income customer assistance program under section 6 of this chapter.

   3. (3) A breakdown of eligible program costs that have been or will be incurred by the electricity supplier, including the:

      1. (A) amounts; and

      2. (B) purposes;

         for which they have been or will be incurred.

         A rate schedule proposed by an electricity supplier under this subsection may be based in whole or in part on reasonable cost forecasts over all or any part of the twelve (12) month period on which the electricity supplier's petition is based, subject to the commission's consideration of the electricity supplier's historical forecasting accuracy. If forecasted data is used, the proposed rate schedule must provide for a reconciliation mechanism to correct for any variance between the forecasted eligible program costs and the actual eligible program costs incurred.

3. (c) Subject to subsection (d), if after reviewing an electricity supplier's petition under subsection (a)(2), the commission determines that:

   1. (1) the electricity supplier has incurred or will incur eligible program costs that are reasonable in amount;
   2. (2) notwithstanding section 10 of this chapter, the effect or the potential effect, in both the long and short term, of the proposed rate schedule on the electric rates of nonparticipating customers or other customer classes of the electricity supplier will be minimal; and

   3. (3) approval of the proposed rate schedule is in the public interest;

      the commission shall approve the electricity supplier's proposed rate schedule under subsection (b).

4. (d) The commission may not approve a rate schedule under subsection (b) that would result in an average aggregate increase in an electricity supplier's total retail revenues of more than two percent (2%) with respect to the twelve (12) month period on which the electricity supplier's proposed rate schedule is based. If an electricity supplier incurs eligible program costs in connection with the electricity supplier's low income customer assistance program that exceed the limit set forth in this subsection, the electricity supplier may seek to recover those eligible program costs in the electricity supplier's next base rate case.

As added by P.L.36-2026, SEC.11.