§ 8-1-2-6.6 — Valuation of property; qualified pollution control property constructed before March 31, 2002

Indiana § 8-1-2-6.6

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

Text

6. (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 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.
"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.
"Qualified pollution control property" means an air pollution control
device on a coal burning electric generating facility or any equipment
that constitutes clean coal technology that has been approved for use
by the commission, that meets applicable state or federal requirements,
and that is designed to accommodate the burning of coal from the
geological formation known as the Illinois Basin.
"Utility" refers to any electric generating utility allowed by law to
earn a return on its investment.
(b) Upon the request of a utility that began construction after
October 1, 1985, and before March 31, 2002, of qualified pollution
control property that is to be used and useful for the public
convenience, the commission shall for ratemaking purposes add to the
value of that utility's property the value of the qualified pollution
control property under construction, but only if at the time of the
application and thereafter:
(1) the facility burns only Indiana coal as its primary fuel source
once the air pollution control device is fully operational; or
(2) the utility can prove to the commission that the utility is
justified because of economic considerations or governmental
requirements in utilizing some non-Indiana coal.
(c) The commission shall adopt rules under IC 4-22-2 to implement
this section.

Legislative History

As added by P.L.88-1985, SEC.2. Amended by P.L.23-1988, SEC.21; P.L.105-1989, SEC.2; P.L.159-2002, SEC.3.