Federal Tax Law Investigation
On January 3, 2018, the IURC opened an investigation "into the impacts of the Tax Cuts and Jobs Act of 2017 and possible rate implications." The Commission formally closed the investigation in a January 27, 2021 order.
The new federal law reduced the corporate tax rate for most investor-owned utilities from 35 percent to 21 percent. Utilities that pay federal income taxes may recover them through rates on a dollar-for-dollar basis.
The OUCC participated on behalf of Indiana consumers in Cause No. 45032. All rate-regulated, investor-owned utilities were parties to the case. Municipal and not-for-profit utility rates were not at issue.
The investigation had two phases:
- Immediate rate relief
- Longer term tax issues
Phase One: Immediate Rate Relief
Rates for most Indiana utilities decreased to reflect the federal corporate income tax reduction utilities received on January 1, 2018. More specifically, tariffs were adjusted to reflect the new 21% rate.
Phase Two: Longer Term Tax Issues
The case's second phase examined longer term issues including customer credits for rates collected at the 35-percent tax rate since January 1, 2018 and deferred income tax accounting matters.
Phase Two issues for each utility were addressed in separate subdockets, with links to each case file below. Commission orders have been issued in all subdockets.
Electric
Duke Energy: A settlement agreement resolving all issues in both phases received IURC approval.
Indiana Michigan Power (I&M) was dismissed as a respondent.
All issues dealing with federal tax relief were addressed in the utility’s 2017/2018 rate case.
Indianapolis Power & Light (IPL)
Phase One: A settlement agreement received IURC approval.
Phase Two: All issues were addressed in the utility's 2017/2018 rate case.
Northern Indiana Public Service Company (NIPSCO)
Phase Two issues were addressed in the utility's 2018/2019 rate case.
Vectren
Phase Two: Approved Settlement Agreement
Natural Gas - Large Utilities
Citizens Gas was not a respondent as it is not an investor-owned utility.
Northern Indiana Public Service Company (NIPSCO)
Phase One: Approved Tariff
Phase Two: All issues were addressed in the utility's 2018 rate case.
Vectren North
Phase Two: Approved Settlement Agreement
Vectren South
Phase Two: Approved Settlement Agreement
Natural Gas - Small Utilities
Citizens Gas of Westfield was dismissed from the case.
Ohio Valley Gas
Phase Two: Approved Settlement Agreement
South Eastern Indiana Natural Gas
Switzerland County Natural Gas: The utility's proposed revised tariff was denied.
Sycamore Natural Gas
Phase Two: Settlement Agreement
Water/Wastewater - Large Utilities
Aqua Indiana
Approved Settlement Agreement
Citizens Water/Wastewater was not a respondent as it is not an investor-owned utility.
Indiana American Water Co.
Phase One: Approved Tariff | OUCC Testimony (Stull and Kaufman) | Subdocket Order
Phase Two: Settlement Agreement | OUCC Settlement Testimony | Case File
Water/Wastewater -Small Utilities
American Suburban Utilities
Phase One: Approved Tariff
Phase Two: IURC Order | OUCC Testimony | Case File
The Citizens Energy Group utilities serving Westfield were dismissed from the case.
Community Utilities of Indiana
Phase One: Issues were considered through post-order filings in the utility's 2017/2018 rate case.
Phase Two: Settlement Agreement
Hamilton Southeastern Utilities
Other Small Water/Wastewater Utilities
The OUCC did not object to proposed tariffs from Devon Woods Sewer Utility and Howard County Utilities.
The OUCC did not object to dismissal requests from the following: Apple Valley Utilities, Bluffs Basin Utility, Doe Creek Sewer Utility, JLB Development, Kingsbury Utilities, Pioneer Water, Pleasantview Utilities, Wastewater One, and Webster Development.
All publicly filed documents in both phases of the investigation are available from the IURC's website.
6-29-2023