§ 8-1-7.9-24 — Petition for approval of project to serve large load customer; commission's final order; time frame for issuance; reasonable risk premium; approval of acquisition of generation resource; required findings by commission; large load customer no longer requiring service; notice to commission; investigation; modification or revocation of order

Indiana § 8-1-7.9-24

• Jurisdiction: Indiana
• Art. 1: UTILITIES GENERALLY
• Ch. 7.9: Expedited Generation Resource Plans and Large Load

Text

(a) This section applies to an energy utility
that petitions the commission for approval of a project to serve a large
load customer.
(b) The commission may approve a petition in whole or in part. The
commission shall make its decision based on whether the relief
requested is just, reasonable, and in the public interest. The
commission shall issue its final order on the petition not later than one
hundred fifty (150) days after receiving the energy utility's complete
petition and case in chief. A petition is considered:
(1) complete unless the commission provides a notice of
deficiency to the energy utility not later than seven (7) business
days after the filing of the petition; and
(2) approved if the commission does not issue a final order on the
petition within the one hundred fifty (150) day period set forth in
this subsection.
(c) If an energy utility files a petition that includes one (1) or more
large load customers and one (1) or more proposed projects, the
commission may:
(1) approve the energy utility's petition in its entirety;
(2) deny the energy utility's petition in its entirety; or
(3) modify the petition, subject to the energy utility's acceptance
of the modification.
(d) The commission may approve a reasonable risk premium for a
project if requested in an energy utility's petition and if the commission
finds that the reasonable risk premium is appropriate. If the
commission approves a reasonable risk premium:
(1) the large load customer is responsible for the amount of the
reasonable risk premium; and
(2) the reasonable risk premium may not be:
(A) included in the energy utility's:
(i) revenue requirement;
(ii) authorized net operating income; or
(iii) calculations under IC 8-1-2-42(d)(3) or IC 8-1-2-42(g)(3)(C); or
(B) otherwise considered for purposes of setting the authorized
return in any future general rate case or other regulatory
proceeding involving the energy utility.
(e) The commission may approve an energy utility's request to
construct, purchase, lease, or otherwise acquire an energy generation
resource under this chapter (notwithstanding and instead of under IC 8-1-2.5, IC 8-1-8.5, or IC 8-1-8.8) for the purpose of serving one (1) or
more large load customers. In approving an energy utility's request
under this chapter to acquire an energy generation resource to serve
one (1) or more large load customers, the commission must find that:
(1) the information provided by the energy utility under section 23
of this chapter is complete;
(2) reasonable and demonstrable consideration was given to
nongeneration alternatives by the parties involved;
(3) existing and future customers of the energy utility will be
adequately protected if the request is granted; and
(4) the energy utility has considered the impact of the request on
the energy utility's preferred resource portfolio in the energy
utility's most recent integrated resource plan.
(f) An energy utility shall promptly notify the commission if, after
the commission has approved a petition under subsection (e), one (1)
or more of the large load customers with respect to whom the petition
was approved:
(1) no longer requires service from the energy utility or materially
alters or terminates the large load customer's service
requirements; and
(2) the project is incomplete.
(g) The commission may, not later than sixty (60) days after
receiving a notice under subsection (f), conduct an investigation under
IC 8-1-2-58 through IC 8-1-2-60 to determine whether the public
interest would still be served by completion of the project. An
investigation under this subsection does not preclude the energy utility
from continuing construction of the project to serve the large load
customer or from continuing to serve the large load customer. If the
commission finds that completion of the project is no longer in the
public interest, the commission may modify or revoke the order
approving the petition.

Legislative History

As added by P.L.217-2025, SEC.2.