§ 8-1-39-10 — Petition for approval of TDSIC plan; notice, hearing, and order; approval and authorization of TDSIC treatment; targeted economic development projects; termination of existing plan

(a) A public utility shall petition the
commission for approval of the public utility's TDSIC plan for eligible
transmission, distribution, and storage improvements. A plan submitted
under this subsection may include for approval a targeted economic
development project described in section 11 of this chapter.
(b) Following notice and hearing, and not more than two hundred
ten (210) days after the public utility petitions the commission under
subsection (a), the commission shall issue an order on the petition. The
order must include the following:
(1) A finding of the best estimate of the cost of the eligible
improvements included in the plan.
(2) A determination whether public convenience and necessity
require or will require the eligible improvements included in the
plan.
(3) A determination whether the estimated costs of the eligible
improvements included in the plan are justified by incremental
benefits attributable to the plan.
If the commission determines that the public utility's TDSIC plan is
reasonable, the commission shall approve the plan and authorize
TDSIC treatment for the eligible transmission, distribution, and storage
improvements included in the plan.
(c) A public utility that provides gas or electric service may petition
the commission to approve a targeted economic development project
as part of the public utility's TDSIC plan under subsection (a). The
commission shall review within sixty (60) days the part of the petition
concerning the targeted economic development project and approve the
inclusion of the project if the commission determines that the inclusion
of the project is consistent with the requirements of this chapter.
(d) A public utility may terminate an existing TDSIC plan before the
end of the original plan period by providing the commission a notice
of termination at least sixty (60) days before the date on which the plan
will terminate. Eligible transmission, distribution, and storage
improvements receiving TDSIC treatment under section 9 of this
chapter before termination of the plan shall continue to receive TDSIC
treatment under section 9 of this chapter after termination of the plan
until a final order in the public utility's next general rate case is issued.
A public utility that terminates a plan:
(1) may petition the commission for approval of a new TDSIC
plan under this section; and
(2) must petition the commission for review and approval of the
public utility's basic rates and charges with respect to the same
type of utility service before the original expiration date of the
terminated plan.

Legislative History

As added by P.L.133-2013, SEC.5. Amended by P.L.89-2019, SEC.4.