Indiana Code

Ind. Code § 8-1-39-9 (2026)

Petition for TDSIC; annual plan update; recovery and deferral of TDSIC costs; limits on timing of petitions

✓ current as of May 2026

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Sec. 9. (a) Subject to subsection (d), a public utility that provides electric or gas utility service may file with the commission rate schedules establishing a TDSIC that will allow the periodic automatic adjustment of the public utility's basic rates and charges to provide for timely recovery of eighty percent (80%) of approved capital expenditures and TDSIC costs. The petition must:

(1) use the customer class revenue allocation factor based on firm load approved in the public utility's most recent retail base rate case order;

(2) include the public utility's TDSIC plan for eligible transmission, distribution, and storage system improvements; and

(3) identify projected effects of the plan described in subdivision (2) on retail rates and charges.

The public utility shall provide a copy of the petition to the office of the utility consumer counselor when the petition is filed with the commission.

(b) The public utility shall update the public utility's TDSIC plan under subsection (a)(2) at least annually. An update may include a petition for approval of:

(1) a targeted economic development project under section 11 of this chapter; or

(2) transmission, distribution, and storage system improvements not described in the public utility's TDSIC plan most recently approved by the commission under section 10 of this chapter.

(c) A public utility that recovers capital expenditures and TDSIC costs under subsection (a) shall defer the remaining twenty percent (20%) of approved capital expenditures and TDSIC costs, including depreciation, allowance for funds used during construction, and post in service carrying costs, and shall recover those capital expenditures and TDSIC costs as part of the next general rate case that the public utility files with the commission.

(d) Except as provided in section 15 of this chapter, a public utility may not file a petition under subsection (a) within nine (9) months after the date on which the commission issues an order changing the public utility's basic rates and charges with respect to the same type of utility service.

(e) A public utility that implements a TDSIC under this chapter shall, before the expiration of the public utility's approved TDSIC plan, petition the commission for review and approval of the public utility's basic rates and charges with respect to the same type of utility service.

(f) A public utility may file a petition under this section not more than one (1) time every six (6) months.

(g) Actual capital expenditures and TDSIC costs that exceed the approved capital expenditures and TDSIC costs require specific justification by the public utility and specific approval by the commission before being authorized for recovery in customer rates.

As added by P.L.133-2013, SEC.5. Amended by P.L.89-2019, SEC.3.

Notes of Decisions

Cited in 10 cases (1 in the last 5 years), 2015–2024 · leading case: Nipsco Indus. Grp. v. N. Ind. Pub. Serv. Co., 100 N.E.3d 234 (Ind. 2018).

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Nipsco Indus. Grp. v. N. Ind. Pub. Serv. Co., 100 N.E.3d 234 (Ind. 2018). · cites it 11× “I.C. §§ 8-1-39-9(a), (c), (e). These periodic Section 9 petitions allow the utility to recoup eighty percent of approved cost estimates.”

NIPSCO Indus. Grp. v. N. Indiana Pub. Serv. Co., & Off. of the Util. Consum. Couns., 125 N.E.3d 617 (Ind. 2019). · cites it 20× “See generally I.C. §§ 8-1-39-9, -10 (2016). This complex, long-term process allows for some stability and predictability on both sides of the utility transaction: utilities can count on recouping their investment in upgraded infrastructure, and individuals and businesses in…”

NIPSCO Indus. Grp. v. N. Indiana Pub. Serv. Co., 78 N.E.3d 730 (Ind. Ct. App. 2017). · cites it 16× “” Ind. Code § 8-1-39-9 (f). [6] On October 3, 2013, NIPSCO filed a petition under Section 10 seeking approval of its 7-year plan for its gas system, which included improvement projects to transmission, distribution, and storage systems.”

NIPSCO Indus. Grp., &, Indiana Off. of Util. Consum. Couns. v. N. Indiana Pub. Serv. Co., 31 N.E.3d 1 (Ind. Ct. App. 2015). · cites it 6× “We believe that the legislature anticipated the necessity of flexibility when it enacted the updating process of Indiana Code Section 8-1-39-9. The updating process does not, however, relieve the utility of providing an initial seven-year plan that meets the statutory…”

NIPSCO Indus. Grp. v. N. Indiana Pub. Serv. Co. & Off. of the Util. Consum. Couns., 104 N.E.3d 603 (Ind. Ct. App. 2018). · cites it 20× “See I.C.§ 8-1-39-9. Specifically, section 9 mandates that a periodic adjustment of the basic rate must, among others, "use the customer class revenue allocation factor based on firm load approved in the utility's most recent retail base rate case order[.”

NIPSCO Indus. Grp. v. N. Indiana Pub. Serv. Co. (Ind. 2018). · cites it 9× “I.C. §§ 8-1-39-9(a), (c), (e). These periodic Section 9 petitions allow the utility to recoup eighty percent of such approved costs and expenditures.”

NIPSCO Indus. Grp. v. N. Pub. Serv. Co. (Ind. 2018). · cites it 8× “I.C. §§ 8-1-39-9(a), (c), (e). These periodic Section 9 petitions allow the utility to recoup eighty percent of approved cost estimates.”

IPL Indus. Grp. v. Indianapolis Power & Light Co. (Ind. Ct. App. 2020). · cites it 6× “See I.C. § 8-1-39-9(a). Up to these authorized expenditures, rate recovery is automatic.”

Indiana Off. of Util. Consum. Couns. v. Duke Energy Indiana, LLC (Ind. 2024). · cites it 6× “§ 8-1-39-9(a); NIPSCO Indus. Grp., 100 N.”

Indiana Gas & Elec. Co. v. Indiana Util. Regulatory Comm'n, 75 N.E.3d 568 (Ind. Ct. App. 2017). “We believe that the legislature anticipated the necessity of flexibility when it enacted the updating process of [Indiana Code] § 8-1-39-9. The updating process does not, however, relieve the utility of providing an initial seven-year plan that meets the statutory requirements.”

— Ind. Code § 8-1-39-9(a) — 8 cases

Nipsco Indus. Grp. v. N. Ind. Pub. Serv. Co., 100 N.E.3d 234 (Ind. 2018). “I.C. §§ 8-1-39-9(a), (c), (e). These periodic Section 9 petitions allow the utility to recoup eighty percent of approved cost estimates.”

NIPSCO Indus. Grp. v. N. Indiana Pub. Serv. Co., & Off. of the Util. Consum. Couns., 125 N.E.3d 617 (Ind. 2019). “See generally I.C. §§ 8-1-39-9, -10 (2016). This complex, long-term process allows for some stability and predictability on both sides of the utility transaction: utilities can count on recouping their investment in upgraded infrastructure, and individuals and businesses in…”

NIPSCO Indus. Grp., &, Indiana Off. of Util. Consum. Couns. v. N. Indiana Pub. Serv. Co., 31 N.E.3d 1 (Ind. Ct. App. 2015). “We believe that the legislature anticipated the necessity of flexibility when it enacted the updating process of Indiana Code Section 8-1-39-9. The updating process does not, however, relieve the utility of providing an initial seven-year plan that meets the statutory…”

NIPSCO Indus. Grp. v. N. Indiana Pub. Serv. Co. & Off. of the Util. Consum. Couns., 104 N.E.3d 603 (Ind. Ct. App. 2018). “See I.C.§ 8-1-39-9. Specifically, section 9 mandates that a periodic adjustment of the basic rate must, among others, "use the customer class revenue allocation factor based on firm load approved in the utility's most recent retail base rate case order[.”

NIPSCO Indus. Grp. v. N. Indiana Pub. Serv. Co. (Ind. 2018). “I.C. §§ 8-1-39-9(a), (c), (e). These periodic Section 9 petitions allow the utility to recoup eighty percent of such approved costs and expenditures.”

— Ind. Code § 8-1-39-9(a)(1) — 3 cases

— Ind. Code § 8-1-39-9(b) — 4 cases

IPL Indus. Grp. v. Indianapolis Power & Light Co. (Ind. Ct. App. 2020). “See I.C. § 8-1-39-9(a). Up to these authorized expenditures, rate recovery is automatic.”

NIPSCO Indus. Grp. v. N. Pub. Serv. Co. (Ind. 2018). “I.C. §§ 8-1-39-9(a), (c), (e). These periodic Section 9 petitions allow the utility to recoup eighty percent of approved cost estimates.”

— Ind. Code § 8-1-39-9(c) — 2 cases

Indiana Off. of Util. Consum. Couns. v. Duke Energy Indiana, LLC (Ind. 2024). “§ 8-1-39-9(a); NIPSCO Indus. Grp., 100 N.”

IPL Indus. Grp. v. Indianapolis Power & Light Co. (Ind. Ct. App. 2020). “See I.C. § 8-1-39-9(a). Up to these authorized expenditures, rate recovery is automatic.”

— Ind. Code § 8-1-39-9(d) — 3 cases

NIPSCO Indus. Grp. v. N. Pub. Serv. Co. (Ind. 2018). “I.C. §§ 8-1-39-9(a), (c), (e). These periodic Section 9 petitions allow the utility to recoup eighty percent of approved cost estimates.”

— Ind. Code § 8-1-39-9(f) — 3 cases

NIPSCO Indus. Grp. v. N. Pub. Serv. Co. (Ind. 2018). “I.C. §§ 8-1-39-9(a), (c), (e). These periodic Section 9 petitions allow the utility to recoup eighty percent of approved cost estimates.”

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