AMOUNTS INCLUDED IN CONSTRUCTION WORK IN PROGRESS (Section 393.135)

The act provides that, subject to certain limitations, an electrical corporation may include construction work in progress for any new natural gas-generating unit in rate base. The inclusion of construction work in progress shall be in lieu of any applicable allowance for funds used during construction that would have accrued after the effective date of new base rates reflecting inclusion of the construction work in progress in rate base. The Public Service Commission shall determine the amount of construction work in progress that may be included in rate base. The amount shall be limited by the estimated cost of the project and project expenditures made within the estimated construction period for such project. Base rate recoveries arising from inclusion of construction work in progress in base rates are subject to refund, as described in the act.

These provisions shall expire on December 31, 2035, unless the Commission determines, after a hearing as described in the act, that good cause exists to extend these provisions through December 31, 2045. The secretary of the Commission shall notify the Revisor of Statutes when the conditions for the extension have been met.

This provision is similar to a provision in SB 618 (2028), a provision in HB 92 (2025), a provision in HB 853 (2025), a provision in HB 963 (2025), a provision in SB 48 (2025), a provision in SB 214 (2025).

ELECTRICAL CORPORATION'S PLAN TO OWN SUFFICIENT CAPACITY (Section 393.1080)

The Public Service Commission may require an electrical corporation to provide documentation annually reflecting the corporation's plan to own or have rights to sufficient capacity to meet its capacity obligations for the upcoming planning year and each of the three subsequent planning years. An electrical corporation shall submit such documentation, which shall include its actual capacity position for the upcoming planning year and a reasonable forecast of its capacity position for the three subsequent planning years as described in the act.

The Commission may require any additional audits and reporting as the Commission considers necessary to determine if an electrical corporation's plan provides for electrical corporation ownership or contractual rights to sufficient capacity for the planning year beginning four years after the beginning of the current planning year.

If an electrical corporation fails to have sufficient capacity for the upcoming planning year and it is determined by the Commission to be the result of the electrical corporation's imprudence, the Commission may disallow any associated costs related to the failure in a future proceeding. The Commission may require submission of a plan within six months to resolve any expected capacity deficiency for the subsequent three planning years.

This provision is similar to a provision in SB 618 (2025), HB 92 (2025), SB 853 (2025), and a provision in HB 963 (2025).

INTEGRATED RESOURCE PLANNING (Section 393.1900)

Under the act, by August 28, 2026, the Public Service Commission, and every four years as needed thereafter, shall commence an integrated resource planning proceeding for electrical corporations. The Commission's responsibilities pursuant to the integrated resource planing proceeding are described in the act.

No later than August 28, 2027, Commission shall publish a schedule for electrical corporations to file an integrated resource plan every four years. Each integrated resource plan shall include an alternative resource plan meeting the requirements under the act. All alternative resource plans shall cover a minimum 16-year planning horizon. All such plans shall reflect projections of an electrical corporations's load obligations and how an electrical corporation under such plan would reliably meet its projected load obligations. Other requirements to be included in the plan are described in the act.

After a hearing, the Commission shall issue a report and order no later than 360 days after the electrical corporation files an integrated resource plan, unless the Commission grants itself an extension for good cause for the issuance of the report and order. Up to 150 days after an electrical corporation makes its initial integrated resource plan filing, the electrical corporation may file an update of the cost estimates if the cost estimates have materially changed. The Commission's report and order shall determine whether the electrical corporation has submitted sufficient documentation and selected a preferred resource plan representing a reasonable and prudent means of meeting the electrical corporation's load serving obligations at just and reasonable rates. In making this determination, the Commission shall consider whether the plan appropriately balances specific factors described in the act.

If the Commission determines that the preferred resource plan is a reasonable and prudent means of meeting the electrical corporation's load serving obligations, such determination shall constitute the Commission's permission for the electrical corporation to construct or acquire the specified supply-side resources, identified by the Commission, that were reflected in the implementation plan, as described in the act. When the electrical corporation files an application for a certificate of convenience and necessity to authorize construction or acquisition of such resources, the Commission shall be deemed to have determined that the supply-side resources are necessary or convenient for the public interest. In the certificate of convenience and necessity proceeding, the Commission's inquiry shall be limited, as described in the act.

If the Commission determines that the preferred resource plan is not a reasonable and prudent means of meeting the electrical corporation's load serving obligations, the Commission shall have the authority to specify in its report and order the deficiencies in the preferred resource plan. Procedures to cure the deficiencies as described in the act.

If approved in a proceeding granting permission and approval to construct an electric plant, an electrical corporation may, subject to certain limitations, be permitted to include in its rate base any amounts recorded to construction work in progress for the investments for which permission is granted. The inclusion of construction work in progress shall be in lieu of any applicable allowance for funds used during construction that would have accrued from the effective date of new base rates that reflect inclusion of the construction work in progress in rate base. The Commission shall determine the amount of construction work in progress that may be included in rate base, as described in the act. The amount shall be limited by specifics described in the act.

This provision is similar to a provision in SB 618 (2025), a provision in SB 48 (2025), a provision in SB 214 (2025), a provision in HB 92 (2025), and a provision in HB 853 (2025).

JULIA SHEVELEVA