The following is an except from Ice Miller's Pathways to Success for Utilities Guide which provides insights on a variety of topics potentially impacting utility service providers.
Following the passage of Indiana Code § 8-1-2-42.7, the Indiana Utility Regulatory Commission (IURC) issued General Administrative Order (GAO) 2013-5. This GAO outlined best practices for pursuing rate cases under section 42.7 including:
- Providing the IURC with a “notice of intent to file” a rate case at least 30 days prior to the expected filing date. The IURC also recommends the utility provide notice to, and meet with, the Office of Utility Consumer Counselor (OUCC) and other anticipated intervenors prior to filing its case-in-chief.
- Utilizing the IURC’s Minimum Standard Filing Rule (170 IAC 1-5)—in addition to complying with the statute’s case-in-chief filing requirements.
- Providing information on a historical “base” period—the most recent 12-month period of available data with an ending date that mirrors the utility’s future or hybrid test year ending date.
- Providing supporting documentation for any changes between the historic “base” period and the test period chosen (if a future or hybrid test-period is used). Each change to the historic base period should be reflected as an individual adjustment in the revenue requirements schedules and explained in testimony.
- Providing available historic information by month up to the petition filing date.
- If a forecasting model is used, that model must be completely transparent, with the assumptions fully explicit, and the results fully replicable by any party and IURC Staff.
The IURC’s GAO 2013-5 also laid out a timeline for all procedural matters related to the 300-day rate case. Any utility proposing to file a rate case should review the GAO and consider meeting with the OUCC before filing, to attempt to work out an agreed-upon procedural schedule consistent with the GAO.