reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 8.3. Public Utility Employees; Utility Service Interruption Emergencies › 8-1-8.3-5. "Utility Service Vehicle"

Sec. 5. As used in this chapter, "utility service vehicle" has the meaning set forth in 49 CFR 395.2.
As added by P.L.42-2004, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 8.3. Public Utility Employees; Utility Service Interruption Emergencies › 8-1-8.3-6. Utility Service Interruption Emergency Worker; Maximum Hours of Service

Sec. 6. An individual who:
(1) is the holder of a commercial driver's license;
(2) is:
(A) an employee;
(B) an employee of a contractor; or
(C) an employee of a subcontractor;
of a public utility in an employment capacity in which the commercial driver's license is used; and
(3) operates a commercial motor vehicle as a utility service vehicle and engages in intrastate maintenance or repair work in response to a utility service interruption emergency;
is exempt from any regulation of the maximum hours of service that the employee may work under 49 CFR 395.
As added by P.L.42-2004, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 8.4. Federally Mandated Requirements for Energy Utilities › 8-1-8.4-1. "Certificate"

Sec. 1. As used in this chapter, "certificate" refers to a certificate of public convenience and necessity issued by the commission under section 7(b) of this chapter.
As added by P.L.150-2011, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 8.4. Federally Mandated Requirements for Energy Utilities › 8-1-8.4-2. "Compliance Project"

Sec. 2. (a) As used in this chapter, "compliance project" means a project:
(1) undertaken by an energy utility; and
(2) related to the direct or indirect compliance by the energy utility with one (1) or more federally mandated requirements.
(b) The term includes:
(1) an addition; or
(2) an integrity, enhancement, or a replacement project;
undertaken by an energy utility to comply with a federally mandated requirement described in section 5(5) of this chapter.
As added by P.L.150-2011, SEC.1. Amended by P.L.2-2023, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 8.4. Federally Mandated Requirements for Energy Utilities › 8-1-8.4-3. "Energy Utility"

Sec. 3. As used in this chapter, "energy utility" has the meaning set forth in IC 8-1-2.5-2.
As added by P.L.150-2011, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 8.4. Federally Mandated Requirements for Energy Utilities › 8-1-8.4-4. "Federally Mandated Costs"

Sec. 4. (a) As used in this chapter, "federally mandated costs" means costs that an energy utility has incurred, or estimates that it will incur, in connection with a compliance project, including capital, operating, maintenance, depreciation, tax, or financing costs, or costs that are directly related to the preparation and conduct of a regulatory proceeding.
(b) The term includes costs related to a compliance project and incurred by an energy utility before the date of:
(1) the energy utility's application to the commission under section 7 of this chapter; or
(2) an order of the commission under section 7 of this chapter with respect to the application;
if the commission finds the costs are just and reasonable.
(c) The term does not include fines or penalties assessed against or imposed on an energy utility for violating laws, regulations, or consent decrees related to a federally mandated requirement.
As added by P.L.150-2011, SEC.1. Amended by P.L.2-2023, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 8.4. Federally Mandated Requirements for Energy Utilities › 8-1-8.4-5. "Federally Mandated Requirements"

Sec. 5. As used in this chapter, "federally mandated requirement" means a requirement that the commission determines is imposed on an energy utility by the federal government in connection with any of the following:
(1) The federal Clean Air Act (42 U.S.C. 7401 et seq.).
(2) The federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).
(3) The federal Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.).
(4) The federal Toxic Substances Control Act (15 U.S.C. 2601 et seq.).
(5) Standards or regulations concerning the integrity, safety, or reliable operation of:
(A) transmission; or
(B) distribution;
pipeline facilities.
(6) Requirements relating to a license issued by the United States Nuclear Regulatory Commission to operate a nuclear energy production or generating facility (as defined in IC 8-1-8.8-8.5).
(7) Any other law, order, or regulation administered or issued by the United States Environmental Protection Agency, the United States Department of Transportation, the Federal Energy Regulatory Commission, or the United States Department of Energy.
As added by P.L.150-2011, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 8.4. Federally Mandated Requirements for Energy Utilities › 8-1-8.4-6. Necessity for Public Convenience and Necessity Certification; Considerations for Issuing a Certificate

Sec. 6. (a) Except as provided in subsection (c), or unless an energy utility has elected to file for:
(1) a certificate of public convenience and necessity; or
(2) the recovery of costs;
under another statute, an energy utility that seeks to recover federally mandated costs under section 7(c) of this chapter must obtain from the commission a certificate that states that public convenience and necessity is served by the energy utility's compliance project.
(b) The commission shall issue a certificate of public convenience and necessity under section 7(b) of this chapter if the commission finds that the compliance project allows the energy utility to comply directly or indirectly with one (1) or more federally mandated requirements. In determining whether to grant a certificate under this section, the commission shall examine the following factors:
(1) The following, which must be set forth in the energy utility's application for the certificate sought, in accordance with section 7(a) of this chapter:
(A) A description of the federally mandated requirements, including any consent decrees related to the federally mandated requirements, that the energy utility will comply with through the compliance project.
(B) A description of the federally mandated costs associated with the compliance project, including costs that are allocated to the energy utility:
(i) in connection with regional transmission expansion planning and construction; or
(ii) under a Federal Energy Regulatory Commission approved tariff, rate schedule, or agreement.
(C) A description of how the compliance project allows the energy utility to comply with the federally mandated requirements described by the energy utility under clause (A).
(D) Alternative plans that demonstrate that the compliance project is reasonable and necessary.
(E) Information as to whether the compliance project will extend the useful life of an existing energy utility facility and, if so, the value of that extension.
(2) Any other factors the commission considers relevant.
(c) An energy utility is not required to obtain a certificate under this section for a project that constitutes a research and development project.
As added by P.L.150-2011, SEC.1. Amended by P.L.2-2023, SEC.4.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 8.4. Federally Mandated Requirements for Energy Utilities › 8-1-8.4-7. Application for Certificate; Public Hearing; Granting Certificate; Recovery of Costs

Note: This version of section effective until 4-20-2023. See also following version of this section, effective 4-20-2023.
Sec. 7. (a) As a condition for receiving the certificate required under section 6 of this chapter, an energy utility must file with the commission an application that sets forth the information described in section 6(b) of this chapter, supported with technical information in as much detail as the commission requires. An application under this section must be filed either:
(1) before; or
(2) within a reasonable time with respect to;
any federally mandated compliance date.
(b) The commission shall hold a properly noticed public hearing on each application and grant a certificate only if the commission has:
(1) made a finding that the public convenience and necessity will be served by the compliance project;
(2) approved the incurred and projected federally mandated costs associated with the compliance project; and
(3) made a finding on each of the factors set forth in section 6(b) of this chapter.
(c) If the commission approves under subsection (b) a compliance project and the federally mandated costs associated with the compliance project, the following apply:
(1) Eighty percent (80%) of the approved federally mandated costs shall be recovered by the energy utility through a periodic retail rate adjustment mechanism that allows the timely recovery of the approved federally mandated costs. The commission shall adjust the energy utility's authorized net operating income to reflect any approved earnings for purposes of IC 8-1-2-42(d)(3) and IC 8-1-2-42(g)(3), with recovery commencing no earlier than:
(A) the date of a final agency action regarding the federally mandated requirement; or
(B) in the absence of a final agency action, the date on which the federally mandated requirement becomes effective.
(2) Twenty percent (20%) of the approved federally mandated costs, including depreciation, allowance for funds used during construction, and post in service carrying costs, based on the overall cost of capital most recently approved by the commission, shall be deferred and recovered by the energy utility as part of the next general rate case filed by the energy utility with the commission.
(3) Actual costs that exceed the projected federally mandated costs of the approved compliance project by more than twenty-five percent (25%) shall require specific justification by the energy utility and specific approval by the commission before being authorized in the next general rate case filed by the energy utility with the commission.
As added by P.L.150-2011, SEC.1. Amended by P.L.2-2023, SEC.5.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 8.4. Federally Mandated Requirements for Energy Utilities › 8-1-8.4-7-b. Application for Certificate of Public Convenience and Necessity; Public Hearing; Conditions for Approval; Recovery of Costs

Note: This version of section effective 4-20-2023. See also preceding version of this section, effective until 4-20-2023.
Sec. 7. (a) As a condition for receiving the certificate required under section 6 of this chapter, an energy utility must file with the commission an application that sets forth the information described in section 6(b) of this chapter, supported with technical information in as much detail as the commission requires. An application under this section must be filed either:
(1) before; or
(2) within a reasonable time with respect to;
any federally mandated compliance date.
(b) The commission shall hold a properly noticed public hearing on each application and grant a certificate only if the commission has:
(1) made a finding that the public convenience and necessity will be served by the compliance project;
(2) approved the incurred and projected federally mandated costs associated with the compliance project; and
(3) made a finding on each of the factors set forth in section 6(b) of this chapter.
(c) If the commission approves under subsection (b) a compliance project and the federally mandated costs associated with the compliance project, the following apply:
(1) Eighty percent (80%) of the approved federally mandated costs shall be recovered by the energy utility through a periodic retail rate adjustment mechanism that allows the timely recovery of the approved federally mandated costs. The commission shall adjust the energy utility's authorized net operating income to reflect any approved earnings for purposes of IC 8-1-2-42(d)(3) and IC 8-1-2-42(g)(3), with recovery commencing no earlier than:
(A) the date of a final agency action regarding the federally mandated requirement; or
(B) in the absence of a final agency action, the date on which the federally mandated requirement becomes effective.
(2) Twenty percent (20%) of the approved federally mandated costs, including depreciation, allowance for funds used during construction, and post in service carrying costs, based on the overall cost of capital most recently approved by the commission, shall be deferred and recovered by the energy utility as part of the next general rate case filed by the energy utility with the commission.
(3) Actual costs that exceed the projected federally mandated costs of the approved compliance project by more than twenty-five percent (25%) shall require specific justification by the energy utility and specific approval by the commission before being authorized in the next general rate case filed by the energy utility with the commission.
As added by P.L.150-2011, SEC.1. Amended by P.L.2-2023, SEC.5; P.L.81-2023, SEC.3; P.L.170-2023, SEC.5.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 8.5. Electric Utility Resource Planning and Certification › 8-1-8.5-1. Definitions

Sec. 1. (a) Except as provided in subsection (c), as used in this chapter, "public utility" means a:
(1) public, municipally owned, or cooperatively owned utility; or
(2) joint agency created under IC 8-1-2.2.
(b) As used in this chapter, "public utility service" means the service rendered by a public utility.
(c) As used in section 13 of this chapter, "public utility" means only those utilities listed in 170 IAC 4-7-2(a) and their successors in interest.
As added by P.L.43-1983, SEC.12. Amended by P.L.23-1988, SEC.40; P.L.54-1992, SEC.4; P.L.60-2021, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 8.5. Electric Utility Resource Planning and Certification › 8-1-8.5-2. Necessity for Certification

Sec. 2. Except as provided in section 7 of this chapter, a public utility may not begin the construction, purchase, or lease of any steam, water, or other facility for the generation of electricity to be directly or indirectly used for the furnishing of public utility service, even though the facility is for furnishing the service already being rendered, without first obtaining from the commission a certificate that public convenience and necessity requires, or will require, such construction, purchase, or lease.
As added by P.L.43-1983, SEC.12. Amended by P.L.88-1985, SEC.6; P.L.11-1987, SEC.14.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 8.5. Electric Utility Resource Planning and Certification › 8-1-8.5-2.1. Retirement, Sale, or Transfer of Electric Generation Facility; Notice; Commission Consideration and Investigation; Recovery of Accelerated Depreciation

Sec. 2.1. (a) This section does not apply to the retirement, sale, or transfer of:
(1) a public utility's electric generation facility if the retirement, sale, or transfer is necessary in order for the public utility to comply with a federal consent decree; or
(2) an electric generation facility that generates electricity for sale exclusively to the wholesale market.
(b) A public utility shall notify the commission if:
(1) the public utility intends or decides to retire, sell, or transfer an electric generation facility with a capacity of at least eighty (80) megawatts; and
(2) the retirement, sale, or transfer:
(A) was not set forth in; or
(B) is to take place on a date earlier than the date specified in;
the public utility's short term action plan in the public utility's most recently filed integrated resource plan.
(c) Upon receiving notice from a public utility under subsection (b), the commission shall consider and may investigate, under IC 8-1-2-58 through IC 8-1-2-60, the public utility's intention or decision to retire, sell, or transfer the electric generation facility. In considering the public utility's intention or decision under this subsection, the commission shall examine the impact the retirement, sale, or transfer would have on the public utility's ability to meet:
(1) the public utility's planning reserve margin requirements or other federal reliability requirements that the public utility is obligated to meet, as described in section 13(i)(4) of this chapter; and
(2) the reliability adequacy metrics set forth in section 13(e) of this chapter.
(d) Before July 1, 2026, if:
(1) a public utility intends or decides to retire, sell, or transfer an electric generation facility with a capacity of at least eighty (80) megawatts; and
(2) the retirement, sale, or transfer:
(A) was not set forth in; or
(B) is to take place on a date earlier than the date specified in;
the public utility's short term action plan in the public utility's most recently filed integrated resource plan;
the commission shall not permit the public utility's depreciation rates, as established under IC 8-1-2-19, to be amended to reflect the accelerated date for the retirement, sale, or transfer of the electric generation asset unless the commission finds that such an adjustment is necessary to ensure the ability of the public utility to provide reliable service to its customers, and that the unamended depreciation rates would cause an unjust and unreasonable impact on the public utility and its ratepayers.
(e) The commission may issue a general administrative order to implement this section.
(f) This section expires July 1, 2026.
As added by P.L.2-2023, SEC.6.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 8.5. Electric Utility Resource Planning and Certification › 8-1-8.5-3.2. Integrated Resources Plans Submitted After June 30, 2021, and Before January 1, 2025; Commission to Evaluate Impact of Federal Phaseout Mandates on Estimated Useful Life of Existing and Proposed Generating Facilities

Sec. 3.2. (a) This section applies to an electric utility that submits an integrated resource plan described in section 3(e) of this chapter after June 30, 2021, and before January 1, 2025.
(b) Except as otherwise provided in this section, the definitions in 170 IAC 4-7 apply throughout this section.
(c) As used in this section, "electric utility" refers to an electric utility listed in 170 IAC 4-7-2(a).
(d) As used in this section, "federal phaseout mandate" means any federal statutory or regulatory requirement that:
(1) is established after April 20, 2021, by the Congress of the United States, a federal regulatory agency, or a federal executive order; and
(2) requires the phaseout or discontinuance of a particular type of electric generating facility, technology, or fuel source.
(e) In reviewing an integrated resource plan submitted by an electric utility after June 30, 2021, the commission shall evaluate the impact of federal phaseout mandates on the estimated useful lives of both:
(1) the existing electric generating facilities of the electric utility; and
(2) any proposed electric generating facilities of the electric utility;
including depreciation expense associated with such facilities, as set forth in the integrated resource plan.
As added by P.L.180-2021, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 8.5. Electric Utility Resource Planning and Certification › 8-1-8.5-3.3. Integrated Resource Plans Submitted After June 30, 2023; Director's Evaluation of Preferred Resource Portfolio for Attributes of Electric Utility Service Specified in State Policy

Sec. 3.3. (a) Except as otherwise provided in this section, the definitions in 170 IAC 4-7 apply throughout this section.
(b) As used in this section, "electric utility" refers to an electric utility listed in 170 IAC 4-7-2(a).
(c) In reviewing an integrated resource plan that is submitted to the commission by an electric utility under section 3(e)(2) of this chapter after June 30, 2023, the director of the commission's research, policy, and planning division shall evaluate and comment in the commission's final director's report for the plan as to whether the electric utility's preferred resource portfolio takes into account the attributes of electric utility service set forth in IC 8-1-2-0.6, including:
(1) reliability;
(2) affordability;
(3) resiliency;
(4) stability; and
(5) environmental sustainability;
as described in IC 8-1-2-0.6.
As added by P.L.55-2023, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 8.5. Electric Utility Resource Planning and Certification › 8-1-8.5-3.5. Forecasting Group

Sec. 3.5. (a) To arrive at estimates of the probable future growth of the use of electricity required by section 3(b)(1) of this chapter, the commission shall establish a permanent forecasting group to be located at a state supported college or university within Indiana. The commission shall financially support the group, which shall consist of a director and such staff as mutually agreed upon by the commission and college or university, from funds appropriated to the commission.
(b) The forecasting group shall develop and keep current a methodology for forecasting the probable future growth of the use of electricity within Indiana and within this region of the nation. To do this, the group shall solicit the input of residential, commercial, and industrial consumers and the electric industry.
(c) The commission shall use the methodology that the forecasting group devises as the commission's primary methodology in developing and keeping current the commission's:
(1) analysis of the long range needs for expansion of facilities for the generation of electricity required by section 3(a) of this chapter; and
(2) plan for meeting the future requirements of electricity required by sections 3(e), 3(f), and 3(g) of this chapter.
As added by P.L.88-1985, SEC.8. Amended by P.L.53-1992, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 8.5. Electric Utility Resource Planning and Certification › 8-1-8.5-4. Considerations for Commission's Review of Petition; Impact of Federal Phaseout Mandates; Provision of Electric Utility Service With Attributes Specified in State Policy

Sec. 4. (a) As used in this section, "federal phaseout mandate" means any federal statutory or regulatory requirement that:
(1) is established after April 20, 2021, by the Congress of the United States, a federal regulatory agency, or a federal executive order; and
(2) requires the phaseout or discontinuance of a particular type of electric generating facility, technology, or fuel source.
(b) In acting upon any petition for the construction, purchase, or lease of any facility for the generation of electricity, the commission shall take into account the following:
(1) The applicant's current and potential arrangement with other electric utilities for:
(A) the interchange of power;
(B) the pooling of facilities;
(C) the purchase of power; and
(D) joint ownership of facilities.
(2) Other methods for providing reliable, efficient, and economical electric service, including the refurbishment of existing facilities, conservation, load management, cogeneration, and renewable energy sources.
(3) With respect to a petition that:
(A) is for the construction of a new generating facility; and
(B) is submitted to the commission after June 30, 2021, and before January 1, 2025;
the impact of federal phaseout mandates on the estimated useful life of each proposed generating facility included in the petition, including depreciation expense associated with each facility.
(4) With respect to a petition that is submitted to the commission after June 30, 2023, whether the proposed construction, purchase, or lease of the facility will result in the provision of electric utility service with the attributes set forth in IC 8-1-2-0.6, including:
(A) reliability;
(B) affordability;
(C) resiliency;
(D) stability; and
(E) environmental sustainability;
as described in IC 8-1-2-0.6.
As added by P.L.43-1983, SEC.12. Amended by P.L.88-1985, SEC.9; P.L.180-2021, SEC.3; P.L.55-2023, SEC.4.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 8.5. Electric Utility Resource Planning and Certification › 8-1-8.5-5.5. Review of Continuing Need for Facility Under Construction; Modification or Revocation of Certificate; Consideration of State Policy

Sec. 5.5. When, in the opinion of the commission, changes in the estimate of the probable future growth of the use of electricity so indicate, the commission shall commence a review of any certificate granted under this chapter to determine whether the public convenience and necessity continues to require the facility under construction. If the commission finds that completion of the facility under construction is no longer in the public interest, the commission may modify or revoke the certificate. In conducting a review under this section, the commission shall consider whether the completion of the facility under construction will result in the provision of electric utility service with the attributes set forth in IC 8-1-2-0.6, including:
(1) reliability;
(2) affordability;
(3) resiliency;
(4) stability; and
(5) environmental sustainability;
as described in IC 8-1-2-0.6, in making a determination as to whether the public convenience and necessity continues to require the facility under construction.
As added by P.L.88-1985, SEC.11. Amended by P.L.53-1992, SEC.5; P.L.55-2023, SEC.5.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 8.5. Electric Utility Resource Planning and Certification › 8-1-8.5-6. Review of Construction; Force and Effect of Certificate Approved Under Review; Election to Defer Review

Sec. 6. (a) In addition to the review of the continuing need for the facility under construction prescribed in section 5.5 of this chapter, the commission shall, at the request of the public utility, maintain an ongoing review of such construction as it proceeds. The applicant shall submit each year during construction, or at such other periods as the commission and the public utility mutually agree, a progress report and any revisions in the cost estimates for the construction.
(b) If the commission approves the construction and the cost of the portion of the facility under review, the certificate shall remain in full force and effect.
(c) If the commission disapproves of all or part of the construction or cost of the portion of the facility under review, the commission may modify or revoke the certificate.
(d) Alternatively, the public utility may elect to forego commission review under subsection (a) and defer the review of the construction and cost until completion or cancellation of the facility.
As added by P.L.43-1983, SEC.12. Amended by P.L.88-1985, SEC.12; P.L.53-1992, SEC.6.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 8.5. Electric Utility Resource Planning and Certification › 8-1-8.5-6.5. Rates; Recovery of Costs

Sec. 6.5. Absent fraud, concealment, or gross mismanagement, a utility shall recover through rates the actual costs the utility has incurred in reliance on a certificate issued under this chapter, and as modified under sections 5.5 and 6 of this chapter as follows:
(1) If a facility has been found to be completed and the facility's construction has been subject to ongoing review under section 6(a) of this chapter, the costs of construction approved by the commission during the ongoing review shall be included in the utility's rate base without further commission review.
(2) If a facility has been found to be completed and the facility's construction is subject to subsequent review under section 6(d) of this chapter, the costs of construction that do not exceed the estimate found under section 5(b)(1) of this chapter shall be included in the utility's rate base, except for costs that are shown to result from inadequate quality controls. However, inclusion of costs in excess of the estimate found by the commission under section 5(b)(1) of this chapter in the utility's rate base is not permitted unless shown by the utility in construction of that facility to be necessary and prudent.
(3) If a facility has been canceled as a result of the modification or revocation of the certificate under section 5.5 or 6 of this chapter and the facility's construction has been subject to ongoing review under section 6(a) of this chapter (including reviews after cancellation), the costs of construction approved by the commission during the review shall be recovered by the utility by inclusion in rates and amortization over a reasonable time to be determined by the commission. The utility shall be permitted to earn a return, computed using the utility's authorized rate of return, on the unamortized balance.
(4) If a facility has been canceled as a result of the modification or revocation of the certificate under section 5.5 or 6 of this chapter and the facility's construction is subject to subsequent review under section 6(d) of this chapter, the costs of construction incurred before cancellation that were included in the estimate found under section 5(b)(1) of this chapter and that have not been shown to result from inadequate quality controls shall be recovered by the utility by inclusion in rates and amortization over a reasonable time to be determined by the commission. The utility shall be permitted to earn a return, computed using the utility's authorized rate of return, on the unamortized balance. However, costs that were not included in the estimate found by the commission under section 5(b)(1) of this chapter may not be included in rates unless shown by the utility in construction of that facility to be necessary and prudent.
As added by P.L.53-1992, SEC.7.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 8.5. Electric Utility Resource Planning and Certification › 8-1-8.5-7. Exemptions From Certification Requirements; Report to Commission of Proposed Construction Required

Sec. 7. The certification requirements of this chapter do not apply to a person that:
(1) constructs an electric generating facility primarily for that person's own use and not for the primary purpose of producing electricity, heat, or steam for sale to or for the public for compensation;
(2) constructs an alternate energy production facility, cogeneration facility, or a small hydro facility that complies with the limitations set forth in IC 8-1-2.4-5;
(3) is a municipal utility, including a joint agency created under IC 8-1-2.2-8, and installs an electric generating facility that has a capacity of ten thousand (10,000) kilowatts or less; or
(4) is a public utility and:
(A) installs a clean energy project described in IC 8-1-8.8-2(2) that is approved by the commission and that:
(i) uses a clean energy resource described in IC 8-1-37-4(a)(1), IC 8-1-37-4(a)(2), or IC 8-1-37-4(a)(5); and
(ii) has a nameplate capacity of not more than fifty thousand (50,000) kilowatts; and
(B) uses a contractor that:
(i) is subject to Indiana unemployment taxes; and
(ii) is selected by the public utility through bids solicited in a competitive procurement process;
in the engineering, procurement, or construction of the project.
However, a person described in this section shall, nevertheless, be required to report to the commission the proposed construction of such a facility before beginning construction of the facility.
As added by P.L.43-1983, SEC.12. Amended by P.L.168-2013, SEC.2; P.L.264-2017, SEC.5.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 8.5. Electric Utility Resource Planning and Certification › 8-1-8.5-8. Construction of Chapter; Valuation of Property

Sec. 8. Except as otherwise provided in this chapter, nothing in this chapter limits the commission's responsibility regarding valuation of utility property under IC 8-1-2-6.
As added by P.L.5-1988, SEC.47. Amended by P.L.53-1992, SEC.8.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 8.5. Electric Utility Resource Planning and Certification › 8-1-8.5-12. Coal Transition Workers; Priority for Awarding High Value Workforce Ready Credit-Bearing Grants

Sec. 12. (a) As used in this section, "coal industry employment" means employment:
(1) at a commercial coal mine in Indiana;
(2) at a coal fired electric generating unit in Indiana; or
(3) in an Indiana based manufacturing or transportation supply chain serving:
(A) a commercial coal mine in Indiana; or
(B) a coal fired electric generating unit in Indiana.
(b) As used in this section, "coal transition worker" means:
(1) an individual who:
(A) has been laid off or terminated from the individual's coal industry employment; or
(B) has received a notice of termination or layoff from the individual's coal industry employment;
as a result of the permanent closure of, or a substantial layoff at, a commercial coal mine in Indiana or a coal fired electric generating unit in Indiana; or
(2) an individual who:
(A) has:
(i) been laid off or terminated, for a reason other than cause; or
(ii) received a notice of termination or layoff, for a reason other than cause;
from the individual's coal industry employment; and
(B) is unlikely to obtain employment in an industry described in subsection (a)(1) through (a)(3) because of market forces or other factors affecting the industry.
(c) In awarding high value workforce ready credit-bearing grants under IC 21-12-8, the commission for higher education, in conjunction with the department of workforce development, shall give priority to an applicant who is a coal transition worker if the applicant is otherwise eligible for a grant under IC 21-12-8-9.
As added by P.L.165-2020, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 8.7. Clean Coal Technology › 8-1-8.7-1. "Clean Coal Technology"

Sec. 1. As used in this chapter, "clean coal technology" means a technology (including precombustion treatment of coal):
(1) that is used in a new or existing electric generating facility and directly or indirectly reduces airborne emissions of sulfur or nitrogen based pollutants associated with the combustion or use of coal; and
(2) that either:
(A) is not in general commercial use at the same or greater scale in new or existing facilities in the United States as of January 1, 1989; or
(B) has been selected by the United States Department of Energy for funding under its Innovative Clean Coal Technology program and is finally approved for such funding on or after January 1, 1989.
As added by P.L.105-1989, SEC.4.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 8.7. Clean Coal Technology › 8-1-8.7-3. Certificate of Public Convenience and Necessity; Use of Clean Coal Technology

Sec. 3. (a) Except as provided in subsection (c), a public utility may not use clean coal technology at a new or existing electric generating facility without first applying for and obtaining from the commission a certificate that states that public convenience and necessity will be served by the use of clean coal technology.
(b) The commission shall issue a certificate of public convenience and necessity under subsection (a) if the commission finds that a clean coal technology project offers substantial potential of reducing sulfur or nitrogen based pollutants in a more efficient manner than conventional technologies in general use as of January 1, 1989. For purposes of this chapter, a project that the United States Department of Energy has selected for funding under its Innovative Clean Coal Technology program and is finally approved for funding after December 31, 1988, is not considered a conventional technology in general use as of January 1, 1989. When determining whether to grant a certificate under this section, the commission shall examine the following factors:
(1) The costs for constructing, implementing, and using clean coal technology compared to the costs for conventional emission reduction facilities.
(2) Whether a clean coal technology project will also extend the useful life of an existing electric generating facility and the value of that extension.
(3) The potential reduction of sulfur and nitrogen based pollutants achieved by the proposed clean coal technology system.
(4) The reduction of sulfur nitrogen based pollutants that can be achieved by conventional pollution control equipment.
(5) Federal sulfur and nitrogen based pollutant emission standards.
(6) The likelihood of success of the proposed project.
(7) The cost and feasibility of the retirement of an existing electric generating facility.
(8) The dispatching priority for the facility utilizing clean coal technology, considering direct fuel costs, revenues and expenses of the utility, and environmental factors associated with byproducts resulting from the utilization of the clean coal technology.
(9) Any other factors the commission considers relevant, including whether the construction, implementation, and use of clean coal technology is in the public's interest.
(c) A public utility is not required to obtain a certificate under this chapter for a clean coal technology project that constitutes a research and development project that may be expensed under IC 8-1-2-6.1.
As added by P.L.105-1989, SEC.4.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 8.7. Clean Coal Technology › 8-1-8.7-4. Hearings and Requisite Findings; Estimated Costs; Use of Indiana Coal

Sec. 4. (a) As a condition for receiving the certificate required under section 3 of this chapter, an applicant must file an estimate of the cost of constructing, implementing, and using clean coal technology and supportive technical information in as much detail as the commission requires.
(b) The commission shall hold a public hearing on each application. A certificate shall be granted only if the commission has:
(1) made a finding that the public convenience and necessity will be served by the construction, implementation, and use of clean coal technology;
(2) approved the estimated costs;
(3) made a finding that the facility where the clean coal technology is employed:
(A) utilizes and will continue to utilize Indiana coal as its primary fuel source; or
(B) is justified, because of economic considerations or governmental requirements, in utilizing non-Indiana coal;
after the technology is in place; and
(4) made a finding on each of the factors described in section 3(b) of this chapter, including the dispatching priority of the facility to the utility.
As added by P.L.105-1989, SEC.4.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 8.7. Clean Coal Technology › 8-1-8.7-5. Modification or Revocation of Certificate

Sec. 5. When, in the opinion of the commission, changes in the estimate of the cost or the need for clean coal technology occur, the commission shall immediately commence a review of the certificate granted under this chapter to determine if public convenience and necessity will be served by the implementation of the technology. If the commission finds that implementation of the technology will not serve the public convenience and necessity, the commission may modify or revoke the certificate.
As added by P.L.105-1989, SEC.4.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 8.7. Clean Coal Technology › 8-1-8.7-6. Cancellation of Clean Coal Technology Implementation; Recovery of Expenditures

Sec. 6. If a public utility cancels the implementation of the technology as a result of the modification or revocation of a certificate by the commission under section 5 of this chapter, the public utility may recover the amount of its investment in the technology, along with a reasonable return on the unamortized balance. The utility may not recover on amounts expended in excess of the cost estimates approved by the commission under section 4 of this chapter unless the utility can prove to the commission that those expenditures were necessary and prudent. The recovery must be made over a reasonable period of time through rates charged by the public utility. A recovery may not be made if there was fraud, concealment, or gross mismanagement on the part of the public utility.
As added by P.L.105-1989, SEC.4.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 8.7. Clean Coal Technology › 8-1-8.7-7. Ongoing Review of Construction and Costs

Sec. 7. (a) This section does not apply if the utility elects the review described in section 8 of this chapter.
(b) In addition to the review of the continuing need for the clean coal technology system under construction prescribed in section 5 of this chapter, the commission shall at the request of the public utility maintain an ongoing review of that construction as the construction proceeds. The applicant shall submit each year during construction, or at other times as the commission and the public utility mutually agree, a progress report and any revisions in the cost estimates for the construction. The commission must hold a public hearing before it may approve or deny a proposed increase in the cost estimates for the implementation, construction, or use of clean coal technology.
(c) If the commission approves the construction and the cost of the part of the clean coal technology system under review, the approval forecloses subsequent challenges to the inclusion of that part of the clean coal technology system in the public utility's rate base on the basis of excessive cost, inadequate quality control, or inability to employ the technology.
(d) If the commission disapproves of all or part of the construction or cost of the part of the clean coal technology system under review, the commission may modify or revoke the certificate. If the public utility cancels construction of the clean coal technology system as a result of the modification or revocation of the certificate, the utility may recover over a reasonable period of time through rates, absent fraud, concealment, or gross mismanagement, the amount of its investment in the clean coal technology system along with a reasonable return on the unamortized balance to the extent the construction and the cost were approved previously by the commission.
As added by P.L.105-1989, SEC.4.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 8.7. Clean Coal Technology › 8-1-8.7-8. Review of Completed Construction; Costs Exceeding Estimated and Approved Costs

Sec. 8. A public utility may elect to forgo any commission review of the construction and cost until completion of the clean coal technology system. If the commission has annually approved the continuing need for the project under section 5 of this chapter, and to the extent the public utility seeks to add to the rate base an amount that does not exceed that filed under section 4(a) of this chapter, the inclusion of that amount may be challenged only on the basis of inadequate quality controls. However, inclusion of costs in excess of those approved by the commission under section 4(b)(2) of this chapter is not permitted unless the public utility shows those costs to be necessary and prudent.
As added by P.L.105-1989, SEC.4.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 8.7. Clean Coal Technology › 8-1-8.7-9. Dispatching Priority

Sec. 9. After the commission has made a finding under section 4(b)(4) of this chapter as to the dispatching priority of a facility utilizing clean coal technology, the utility receiving the certificate under this chapter may dispatch the facility for which the certificate is issued in accordance with such finding, and such dispatch shall not be considered to be in conflict with the provisions of IC 8-1-2-42.
As added by P.L.105-1989, SEC.4.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 8.7. Clean Coal Technology › 8-1-8.7-10. Construction of Electric Generating Facilities; Additional Certification; Joint Applications

Sec. 10. (a) This chapter does not relieve a public utility of the duty to obtain a certificate under IC 8-1-8.5 if the utility is proposing the use of clean coal technology as a part of the construction of an electric generating facility.
(b) A public utility seeking a certificate under IC 8-1-8.5 and this chapter for one (1) project may file a joint application for both certificates. If a joint application is filed, the commission shall jointly consider both certificates.
As added by P.L.105-1989, SEC.4.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 8.8. Utility Generation and Clean Coal Technology › 8-1-8.8-1. Legislative Findings and Declaration of Purpose

Sec. 1. (a) The general assembly makes the following findings:
(1) Growth of Indiana's population and economic base has created a need for new energy production or generating facilities in Indiana.
(2) The development of a robust and diverse portfolio of energy production or generating capacity, including coal gasification and the use of renewable energy resources, is needed if Indiana is to continue to be successful in attracting new businesses and jobs.
(3) Indiana has considerable natural resources that are currently underutilized and could support development of new energy production or generating facilities, including coal gasification facilities, at an affordable price.
(4) Certain regions of the state, such as southern Indiana, could benefit greatly from new employment opportunities created by development of new energy production or generating facilities utilizing the plentiful supply of coal from the geological formation known as the Illinois Basin.
(5) Technology can be deployed that allows high sulfur coal from the geological formation known as the Illinois Basin to be burned or gasified efficiently while meeting strict state and federal air quality limitations. Specifically, the state should encourage the use of advanced clean coal technology, such as coal gasification.
(6) It is in the public interest for the state to encourage the construction of new energy production or generating facilities that increase the in-state capacity to provide for current and anticipated energy demand at a competitive price.
(7) It is in the public interest for the state to encourage the study, analysis, development, and life cycle management of nuclear energy production or generating facilities, as well as carbon dioxide capture, transportation, and storage facilities.
(b) The purpose of this chapter is to enhance Indiana's energy security and reliability by ensuring all of the following:
(1) Indiana's and the region's energy production or generating capacity continues to be adequate to provide for Indiana's current and future energy needs, including the support of the state's economic development efforts.
(2) The vast and underutilized coal resources of the Illinois Basin are used as a fuel source for new energy production or generating facilities.
(3) The electric transmission and gas transportation systems within Indiana are upgraded to distribute additional amounts of electricity and gas more efficiently.
(4) Jobs are created as new energy production or generating facilities are built in regions throughout Indiana.
(5) The study, analysis, development, and life cycle management of nuclear energy production or generating facilities are encouraged at the same time as are new coal fired and other fossil fuel based energy production or generating facilities.
As added by P.L.159-2002, SEC.6. Amended by P.L.175-2007, SEC.11; P.L.150-2011, SEC.2.