§ 8-1-37-12 — Qualifications for shareholder financial incentive; application; considerations and determination by commission

(a) Subject to subsection (c), to qualify for the
financial incentives set forth in section 13 of this chapter, a
participating electricity supplier must obtain clean energy to meet the
energy requirements of the participating electricity supplier's Indiana
retail electric customers according to the following CPS goals:
(1) CPS Goal Period I: For the six (6) calendar years beginning
January 1, 2013, and ending December 31, 2018, an average of at
least four percent (4%) of the total electricity obtained by the
participating electricity supplier to meet the energy requirements
of its Indiana retail electric customers during the base year.
(2) CPS Goal Period II: For the six (6) calendar years beginning
January 1, 2019, and ending December 31, 2024, an average of at
least seven percent (7%) of the total electricity obtained by the
participating electricity supplier to meet the energy requirements
of its Indiana retail electric customers during the base year.
(3) CPS Goal Period III: In the calendar year ending December
31, 2025, at least ten percent (10%) of the total electricity
obtained by the participating electricity supplier to meet the
energy requirements of its Indiana retail electric customers during
the base year.
(b) For purposes of subsection (a), electricity is measured in
megawatt hours. However, in determining whether a participating
electricity supplier has met a CPS goal set forth in subsection (a), the
commission shall require that at least fifty percent (50%) of the
megawatt hours of clean energy obtained by the participating electricity
supplier to meet the energy requirements of its Indiana retail electric
customers during the CPS goal period under consideration must
originate from clean energy resources located in Indiana.
(c) In determining whether a participating electricity supplier has
met a particular CPS goal set forth in subsection (a), the commission
shall consider only clean energy that:
(1) except as provided in subsection (f), is obtained by the
participating electricity supplier to meet the energy requirements
of the participating electricity supplier's Indiana retail electric
customers during the CPS goal period under consideration; and
(2) is generated by a facility located in a control area that is part
of a regional transmission organization of which an electricity
supplier is a member.
(d) An electricity supplier is not required to obtain clean energy to
meet a particular CPS goal if the commission determines that the cost
of clean energy resources available to the electricity supplier would
result in an increase in the rates and charges of the electricity supplier
that would not be just and reasonable.
(e) A participating electricity supplier may own or purchase one (1)
or more CECs to meet any of the CPS goals set forth in subsection (a)
as long as the clean energy represented by the CEC meets the condition
set forth in subsection (c)(2).
(f) A participating electricity supplier may apply:
(1) amounts of clean energy supplied by the participating
electricity supplier to its Indiana retail electric customers during
a particular CPS goal period; or
(2) CECs acquired by the participating electricity supplier during
a particular CPS goal period;
that exceed the requirements for the particular CPS goal period to the
immediately succeeding CPS goal period.
(g) A participating electricity supplier may use a clean energy
resource described in section 4(a)(17) through 4(a)(21) of this chapter
to satisfy not more than thirty percent (30%) of any of the CPS goals
set forth in subsection (a).

Legislative History

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