§ 8-1-39-11 — Extension of gas or electric service to targeted economic development project; approval by Indiana economic development corporation of costs as TDSIC costs; rural gas service

(a) The extension, construction, addition, or
improvement of the plant and equipment of a public utility that is
installed to provide gas or electric service to a targeted economic
development project is used and useful in the public service.
(b) A public utility shall apply to the Indiana economic development
corporation for approval to treat costs associated with a targeted
economic development project as TDSIC costs. Costs approved by the
Indiana economic development corporation shall be treated as TDSIC
costs and may be recovered through a TDSIC under section 12 of this
chapter. The TDSIC revenues associated with a targeted economic
development project shall not be included in a public utility's total
retail revenues for purposes of determining an aggregate increase under
section 14 of this chapter.
(c) Notwithstanding any law or rule governing extension of service,
a public utility that provides gas service may, on a nondiscriminatory
basis, extend service in rural areas without a deposit or other adequate
assurance of performance from the customer, to the extent that the
extension of service results in a positive contribution to the utility's
overall cost of service over a twenty (20) year period. However, if the
public utility determines that the extension of service to a targeted
economic development project will not result in a positive contribution
to the utility's overall cost of service over a twenty (20) year period, the
public utility may require a deposit or other adequate assurance of
performance from:
(1) the developer of the targeted economic development project;
or
(2) a local, regional, or state economic development organization.

Legislative History

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