§ 8-1-2.2-19 — Approval of commission

Indiana § 8-1-2.2-19

• Jurisdiction: Indiana
• Art. 1: UTILITIES GENERALLY
• Ch. 2.2: Municipal Electric Utility Programs

Text

(a) Prior to the acquisition or the
commencement of construction of any project to be financed by the
issuance of bonds under this chapter, the municipality or municipalities
or joint agency shall file a verified petition with the commission for
approval of the project, for approval of participation of the municipality
or municipalities or joint agency in the project, and for approval of any
bonds to be issued under this chapter. If the commission shall
determine:
(1) that the participation of the municipality or municipalities or
joint agency in the project is economically and technically
feasible;
(2) that the project will be integrated with existing or planned
transmission line facilities in the state in a manner that will avoid
economic and physical duplication of existing or planned
transmission line facilities;
(3) that the municipality or municipalities or joint agency own or
have access to the transmission facilities to transmit such power
and energy from the project to the municipality or municipalities
or joint agency;
(4) that for a project involving a coal-consuming facility, the
facility utilizes Indiana coal or is justified, because of economic
considerations or governmental requirements, in utilizing
non-Indiana coal;
(5) that for a project involving the acquisition or participation in
the ownership of an electric generating facility located outside
Indiana, the municipality, municipalities, or joint agency has been
unable to acquire or participate in the ownership of a comparable
generating facility in Indiana at a comparable cost and unable to
purchase sufficient amounts of electricity in Indiana at a
comparable cost giving due consideration to all factors, including
but not limited to the length and terms of available purchases and
the expected useful life of the facility;
(6) that for a project involving the acquisition or participation in
the ownership of an electric generating facility located outside
Indiana, acquisition of or participation in the ownership of the
facility provides the municipality, municipalities, or joint agency
with greater economic benefits than either:
(A) the acquisition or participation in the ownership of a
comparable generating facility in Indiana available for
ownership; or
(B) the purchase of sufficient amounts of electricity in Indiana
at a comparable cost giving due consideration to all factors,
including but not limited to the length and terms of available
purchases and the expected useful life of the facility; and
(7) that the determinations of the governing body or bodies with
respect to the items listed in section 3(c) or 8(b) of this chapter
have been or should be approved;
then the commission shall issue an order approving the project and the
participation of the municipality or municipalities or joint agency in the
project and the issuance of bonds by the municipality or municipalities
or by the joint agency. For the purpose of enabling it to determine
whether it should issue such an order, the commission shall make such
inquiry or investigation, hold such hearings, and examine such
witnesses, books, papers, documents, or contracts as it may deem of
importance in enabling it to reach a determination. The determinations
required by this subsection are in addition to the requirements of IC 8-1-8.5-4 and IC 8-1-8.5-5.
(b) A joint agency is not a public utility (as defined in IC 8-1-2).
However, with respect to proceedings initiated by a joint agency under
this section, the commission is given jurisdiction to proceed in the
same manner and with like power as is provided by IC 8-1-2 in the case
of public utilities (as defined in IC 8-1-2).
As added by Acts 1980, P.L.68, SEC.1. Amended by
P.L.82-1988, SEC.5; P.L.54-1992, SEC.3; P.L.81-1997,
SEC.6.