Indiana Code 8-1-39 allows electric and natural gas utilities to seek IURC approval of long-term infrastructure plans. If a utility’s plan is approved, it is then allowed to request rate increases every 6 months to cover the costs of projects in the plan. The law requires the IURC to consider the plans and increases within very short timeframes.
- 2nd Approved Plan (2024-2029)
UPDATE (7-15-2022): The OUCC filed a notice of appeal with the Indiana Court of Appeals on July 15, 2022.
The IURC has approved Duke Energy's proposed six-year plan for transmission, distribution, and storage system improvements, including incremental rate recovery of those costs as the projects proceed.
The OUCC filed testimony in Cause No. 45647 (Shull and Lantrip) on Feb. 18, 2022, recommending denial. On Apr. 6, 2022, the OUCC filed its closing brief and proposed order.
All publicly filed documents are available from the IURC's Electronic Document System, including Duke Energy's petition and testimony:
This page will be updated based on case developments.
- 1st Approved Plan (2016-Present)
In a June 29, 2016 order, the IURC approved a seven-year plan for electric transmission, distribution and storage system improvements for Duke Energy, including incremental rate recovery of those costs as the projects proceed. The utility refers to the program as its Transmission and Distribution Infrastructure Improvement Plan (T&D Plan).
While the utility had originally proposed a $1.83 billion plan, the Commission's order approved a settlement agreement that will cap rate recovery for the plan's projects at $1.4 billion. The OUCC's March 7, 2016 news release offers a summary of the agreement.
The OUCC issued a January 19, 2016 news release to invite consumer comments.
All public filings in cause number 44720, including settlement testimony, are available on the IURC website.
- Duke Energy's first requested rate adjustment under the approved plan received IURC approval on March 22, 2017. It raised the monthly residential electric bill for a customer using 1,000 kWh by $1.51. The OUCC filed testimony on the proposed tracker change (Gruca and Golden) on January 11, 2017.
- The second rate adjustment requested by Duke Energy received IURC approval on October 17, 2017. It raised a monthly residential electric bill for 1,000 kWh by an additional $0.55. The OUCC filed testimony (Gruca and Alvarez) on June 27, 2017.
- Duke Energy's third TDSIC rate adjustment received Commission approval on October 9, 2018. It increased the monthly 1,000 kWh residential bill by an additional $1.61.
- The utility's fourth adjustment added 40 cents to a 1,000 kWh residential bill.
- Duke Energy's fifth adjustment set TDSIC charges for a 1,000 kWh residential bill at $1.77.
- The utility's latest adjustment will reduce the monthly TDSIC charges for 1,000 kWh by 23 cents.
In a separate case, the IURC denied Duke Energy's first request for such a plan in May 2015. The OUCC's May 8, 2015 news release offers more information.
- A Brief Summary of the TDSIC Law
Indiana Code 8-1-39 allows electric and natural gas utilities to submit infrastructure improvement plans for IURC approval. A plan may cover a 5- to 7-year range. The IURC must rule within 210 days once such a request is filed.
- Once a plan receives IURC approval, the utility may request incremental rate increases every 6 months to pay for the projects. The rate adjustment is referred to as the Transmission, Distribution and Storage System Improvement Charge (TDSIC). The IURC has 120 days to rule on such a request.
- TDSIC rate increases are limited to no more than 2 percent of a utility's total retail revenues.
- The TDSIC rate mechanism (or tracker) allows the utility to recover 80 percent of the costs as they are incurred. The remaining costs are deferred until the utility's next base rate case, which must be filed before the end of the plan's term.
7-15-2022