§ 8-1-37-11 — Application to program; review by the commission

(a) An electricity supplier that seeks to
participate in the program established by the commission under section
10 of this chapter must apply to the commission:
(1) in the manner and on a form prescribed by the commission;
and
(2) not later than a date specified by the commission in the rules
adopted under section 10 of this chapter;
for approval to participate in the program.
(b) Upon receiving an application under subsection (a), the
commission shall review the application for completeness. The
commission may request additional information the commission
considers necessary to aid in the commission's review.
(c) If the commission determines that:
(1) an application submitted under subsection (a) is complete and
reasonably complies with the purpose of this chapter;
(2) the electricity supplier submitting the application has
demonstrated that the electricity supplier has a reasonable
expectation of obtaining clean energy to meet the energy
requirements of its Indiana retail electric customers during the
calendar year ending December 31, 2025, in an amount equal to
at least ten percent (10%) of the total electricity supplied by the
participating electricity supplier to its Indiana retail electric
customers during the base year, as set forth in section 12(a)(3) of
this chapter; and
(3) approving the application will not result in an increase to the
retail rates and charges of the electricity supplier above what
could reasonably be expected if the application were not
approved;
the commission shall approve the application. If, however, the
commission determines that the application does not meet the
requirements set forth in this subsection, the commission shall reject
the application. The electricity supplier that submitted the application
under subsection (a) bears the burden of proving to the commission
that the application meets the requirements set forth in this subsection.

Legislative History

As added by P.L.150-2011, SEC.16.