- (a) As used in this chapter, "federally mandated costs" means costs that an energy utility has incurred, or estimates that it will incur, in connection with a compliance project, including capital, operating, maintenance, depreciation, tax, or financing costs, or costs that are directly related to the preparation and conduct of a regulatory proceeding.
(b) The term includes costs related to a compliance project and incurred by an energy utility before the date of:
- (1) the energy utility's application to the commission under section 7 of this chapter; or
(2) an order of the commission under section 7 of this chapter with respect to the application;
if the commission finds the costs are just and reasonable.
- (c) The term does not include fines or penalties assessed against or imposed on an energy utility for violating laws, regulations, or consent decrees related to a federally mandated requirement.
As added by P.L.150-2011, SEC.1. Amended by P.L.2-2023, SEC.3.