§ 8-1-27-6 — Environmental compliance plan; required information

(a) A public utility that has at least one (1)
generating unit affected by Section 404 (Phase I) or Section 405 (Phase
II) of the Clean Air Act Amendments of 1990 may voluntarily submit
a verified environmental compliance plan that sets forth the manner in
which the public utility intends to comply with the requirements of the
Clean Air Act Amendments of 1990 to the commission for the
commission's review and approval under this chapter.
(b) An environmental compliance plan described in subsection (a)
must include any information that the commission may reasonably
require. The commission shall require a plan described in subsection
(a) to include at least the following information:
(1) A description of the requirements of the Clean Air Act
Amendments of 1990 applicable to each generating unit owned
or operated by the public utility.
(2) A description of the measures the public utility proposes to
implement to comply with the requirements.
(3) The schedule under which the public utility proposes to
implement the measures.
(4) An estimate of the cost of implementing each of the measures
proposed by the public utility.
(5) An analysis of the comparative estimated costs of meeting the
applicable requirements of the Clean Air Act Amendments of
1990 through the measures proposed by the public utility and
other alternative compliance measures considered by the public
utility.
(6) For all compliance plans submitted to the commission after
July 1, 1993, if an environmental compliance plan proposes a
change of fuel type from the fuel type consumed in the public
utility's generating units and that change of fuel type would result
in the displacement or diminished use of Indiana coal from the
quantity of Indiana coal consumed by the public utility during the
calendar year 1990, or an average of the quantity of Indiana coal
consumed by the utility in calendar years 1990, 1991, and 1992,
whichever is submitted by the utility in the plan, the public utility
shall submit the following as part of the environmental
compliance plan:
(A) An analysis of the following:
(i) The economic and employment effects of the proposed
change of fuel type on the regions of Indiana in which the
mining of coal provides employment, and on the service
territory of the public utility.
(ii) The effects of the proposed modification on the
preservation of the mining of Indiana coal as a viable source
of fuel.
The analyses required under this clause must include a
comparison of the effects likely to result from the alternative
compliance measures identified under subdivision (5).
(B) Information describing the availability, the reliability, the
current costs, and the projected future costs of the fuel type
proposed for use in connection with the environmental
compliance plan.

Legislative History

As added by P.L.76-1991, SEC.1. Amended by P.L.92-1993, SEC.3.