170 Ind. Admin. Code 1-5-2.1

Current through October 23, 2024

Section 170 IAC 1-5-2.1 - Time frame and procedural schedule

Authority: IC 8-1-1-3

Affected: IC 8-1-2-42

Sec. 2.1.

(a) Ten (10) months is the expected amount of time to complete a proceeding under this rule.

(b) The ten (10) month time frame commences as of the date an electing utility has filed its:

(1) petition;

(2) case-in-chief; and

(3) working papers; with the commission.

(c) At the prehearing conference, the presiding officer shall:

(1) address any issues regarding the completeness of the electing utility's filing; and

(2) establish procedural dates that will allow completion of the case within ten (10) months in accordance with this rule, including specific dates for the:

(A) filing of testimony;

(B) plant cutoff date for updating the rate base to include the cost of all plant, which date shall be not later than the date the presiding officer sets for the hearing on the utility's case-in-chief;

(C) major project cutoff date for updating the rate base to include the cost of a major project, consistent with section 5 of this rule;

(D) holding of hearings;

(E) filing of posthearing briefs;

(F) filing of proposed orders; and

(G) filing of exceptions to any proposed order.

(d) In the event the parties agree that the proceeding should not be bifurcated, then the general rate base cutoff date shall be determined by the presiding officer, with due consideration of the input of the parties.

(e) The presiding officer may do the following:

(1) Equitably divide the time allotted to the various procedural steps based upon all relevant factors. However, in general, approximately three (3) months should be allotted for the preparation and issuance of an order after the submission of any exceptions to a proposed order.

(2) Extend the procedural schedule to twelve (12) months for good cause. Extensions beyond twelve (12) months shall only be allowed upon the concurrence of a majority of the commissioners.

170 IAC 1-5-2.1

Indiana Utility Regulatory Commission; 170 IAC 1-5-2.1; filed Jul 31, 2009, 8:28 a.m.: 20090826-IR-170080670FRA

Readopted filed 6/9/2015, 3:18 p.m.: 20150708-IR-170150103RFA

Readopted filed 10/7/2021, 1:05 p.m.: 20211103-IR-170210349RFA