(a)An eligible utility that seeks to develop a
project with one (1) or more eligible partners may petition the
commission, in the form and manner prescribed by the commission, for
approval to participate in the program. The eligible utility must file
with the petition the eligible utility's case in chief, which must contain
the information and supporting documentation regarding the factors the
commission must consider under subsection (c). A petition must
include, at the minimum, the following information:
(1)A statement identifying each eligible partner participating in
the eligible partnership, including the contact information for a
representative of the eligible partner to whom the commission
may direct all communications concerning the proposed project.
(2)For each eligible partner
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(a) An eligible utility that seeks to develop a
project with one (1) or more eligible partners may petition the
commission, in the form and manner prescribed by the commission, for
approval to participate in the program. The eligible utility must file
with the petition the eligible utility's case in chief, which must contain
the information and supporting documentation regarding the factors the
commission must consider under subsection (c). A petition must
include, at the minimum, the following information:
(1) A statement identifying each eligible partner participating in
the eligible partnership, including the contact information for a
representative of the eligible partner to whom the commission
may direct all communications concerning the proposed project.
(2) For each eligible partner identified under subdivision (1), a
description of the funds, property, or services that the eligible
partner plans to contribute to the project, including an estimate of
the amount or value of the funds, property, or services to be
provided.
(3) For each eligible partner identified under subdivision (2) that
plans to provide financing for or otherwise invest financially in
the project, any information the commission may require in
considering the creditworthiness of the eligible partner, including:
(A) the eligible partner's investment grade rating;
(B) guarantees of a parent company of the eligible partner that
has an investment grade rating; or
(C) a bank reference letter or bonding commitment on behalf of
the eligible partner;
as may be applicable.
(4) For any eligible partner identified under subdivision (1) and
described in section 3(2) of this chapter:
(A) an estimate of the electricity that:
(i) is to be generated by an SMR developed under the project;
and
(ii) the eligible partner anticipates using; or
(B) a description of the location and site characteristics of the
eligible partner's premises on which an SMR developed under
the project is to be located;
as applicable.
(5) The address or geographic coordinates for, or a legal or other
description that sufficiently identifies the location of, the
proposed eligible project site.
(6) For each SMR to be developed as part of the project,
information as to the following, to the extent known at the time of
the petition:
(A) The capacity.
(B) The manufacturer.
(C) Any technical configurations or specifications that may be
required by the commission.
(D) The proposed location of the SMR on the proposed project
site.
(7) An anticipated timeline for the following:
(A) Performing project development activities.
(B) Incurring project development costs, including any eligible
project development costs.
(C) The anticipated date by which the eligible partnership will
make a decision as to whether to seek a CPCN under IC 8-1-8.5.
(8) Any efforts by the eligible utility or the eligible partnership to
pursue funding opportunities from the United States Department
of Energy to offset project development costs or construction
costs in connection with the proposed project.
(9) Any other information that the commission may require to
enable the commission to conduct a review under subsection (c)
or make the findings set forth in subsection (d).
(b) If more than one (1) eligible utility is part of an eligible
partnership that seeks to develop a project for approval to participate
in the program, the eligible utilities shall jointly file the petition
required under this section. However, each eligible utility that is part
of the eligible partnership and that seeks approval to incur eligible
project development costs under section 14 of this chapter must
separately file a petition with the commission under section 14 of this
chapter. In any case in which more than one (1) eligible utility files a
joint petition under this section, a reference in this section to one (1)
eligible utility is a reference to all eligible utilities filing the joint
petition.
(c) In reviewing a petition and supporting case in chief under this
section, the commission shall consider the following:
(1) Whether the proposed project is consistent with:
(A) the purposes set forth in section 12(a) of this chapter; and
(B) any rules adopted by the commission under this chapter.
(2) The factors set forth in IC 8-1-8.5-12.1(d)(1)(A) and IC 8-1-8.5-12.1(d)(1)(B) with respect to any SMR that is to be
developed as part of the project, giving due regard to IC 8-1-8.5-12.1(d)(2) that applies in the context of a petition for a
CPCN.
(3) Whether the eligible utility has provided adequate assurances
that if the eligible utility seeks a CPCN in connection with the
project, the eligible utility will comply with all requirements set
forth in IC 8-1-8.5 and in rules adopted under IC 8-1-8.5-12.1.
(4) Whether the timeline set forth in the eligible utility's petition
under subsection (a)(7) is reasonable and demonstrates a
likelihood that the eligible utility will seek a CPCN under IC 8-1-8.5.
(d) The commission shall issue a final order approving or denying
a petition under this section not later than one hundred eighty (180)
days after receiving the petition and complete case in chief. However,
if the commission makes a docket entry extending the procedural
schedule and the eligible utility does not object to the entered
extension, the commission may extend the one hundred eighty (180)
day time frame for issuing a final order under this subsection for the
amount of time set forth in the docket entry. The commission shall
approve a petition if the commission makes the following findings:
(1) That the proposed project is consistent with:
(A) the purposes set forth in section 12(a) of this chapter; and
(B) any rules adopted by the commission under this chapter.
(2) That if the eligible utility seeks a CPCN in connection with the
project, the eligible utility will comply with all requirements set
forth in IC 8-1-8.5 and in rules adopted under IC 8-1-8.5-12.1.
(3) That the timeline set forth in the eligible utility's petition
under subsection (a)(7) is reasonable and demonstrates a
likelihood that the eligible utility will seek a CPCN under IC 8-1-8.5.