1. (a) As a condition for receiving the certificate required under section 6 of this chapter, an energy utility must file with the commission an application that sets forth the information described in section 6(b) of this chapter, supported with technical information in as much detail as the commission requires. An application under this section must be filed either:

   1. (1) before; or

   2. (2) within a reasonable time with respect to;

      any federally mandated compliance date.

2. (b) The commission shall hold a properly noticed public hearing on each application and grant a certificate only if the commission has:

   1. (1) made a finding that the public convenience and necessity will be served by the compliance project;
   2. (2) approved the incurred and projected federally mandated costs associated with the compliance project; and
   3. (3) made a finding on each of the factors set forth in section 6(b) of this chapter.

3. (c) If the commission approves under subsection (b) a compliance project and the federally mandated costs associated with the compliance project, the following apply:

   1. (1) Eighty percent (80%) of the approved federally mandated costs shall be recovered by the energy utility through a periodic retail rate adjustment mechanism that allows the timely recovery of the approved federally mandated costs. The commission shall adjust the energy utility's authorized net operating income to reflect any approved earnings for purposes of IC 8-1-2-42 (d)(3) and IC 8-1-2-42 (g)(3), with recovery commencing no earlier than:

      1. (A) the date of a final agency action regarding the federally mandated requirement; or
      2. (B) in the absence of a final agency action, the date on which the federally mandated requirement becomes effective.
   2. (2) Twenty percent (20%) of the approved federally mandated costs, including depreciation, allowance for funds used during construction, and post in service carrying costs, based on the overall cost of capital most recently approved by the commission, shall be deferred and recovered by the energy utility as part of the next general rate case filed by the energy utility with the commission.
   3. (3) Actual costs that exceed the projected federally mandated costs of the approved compliance project by more than twenty-five percent (25%) shall require specific justification by the energy utility and specific approval by the commission before being authorized in the next general rate case filed by the energy utility with the commission.

As added by P.L.150-2011, SEC.1. Amended by P.L.2-2023, SEC.5; P.L.81-2023, SEC.3; P.L.170-2023, SEC.5.