§ 8-1-2-6.1 — Indiana coal and clean coal technology; research, development, and preconstruction expenses

Indiana § 8-1-2-6.1

• Jurisdiction: Indiana
• Art. 1: UTILITIES GENERALLY
• Ch. 2: Utility Regulation

Text

1. (a) As used in this section, "clean coal
technology" means a technology (including precombustion treatment
of coal):
(1) that is used at 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.
(b) As used in this section, "Indiana coal" means coal from a mine
whose coal deposits are located in the ground wholly or partially in
Indiana regardless of the location of the mine's tipple.
(c) Except as provided in subsection (d), the commission shall allow
a utility to recover as operating expenses those expenses associated
with:
(1) research and development designed to increase use of Indiana
coal; and
(2) preconstruction costs (including design and engineering costs)
associated with employing clean coal technology at a new or
existing coal burning electric generating facility if the
commission finds that the facility:
(A) utilizes and will continue to utilize (as its primary fuel
source) Indiana coal; or
(B) is justified, because of economic considerations or
governmental requirements, in utilizing non-Indiana coal;
after the technology is in place.
(d) The commission may only allow a utility to recover
preconstruction costs as operating expenses on a particular project if
the commission awarded a certificate under IC 8-1-8.7 for that project.
(e) The commission shall establish guidelines for determining
recoverable expenses.

Legislative History

As added by P.L.88-1985, SEC.1. Amended by P.L.105-1989, SEC.1.