§ 8-1-7.9-26 — Information filed or submitted; treatment as confidential; nondisclosure agreements; corporation's negotiations for economic development project; determination of increased energy demand; notice to affected energy utility; requests and incentives under other statutes; progress reports

Indiana § 8-1-7.9-26

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

Text

(a) Upon request by an energy utility, the
commission shall determine whether the information and related
materials filed or submitted, or to be filed or submitted, by an energy
utility under this chapter:
(1) are confidential under IC 5-14-3-4 or are trade secrets under
IC 24-2-3;
(2) are exempt from public access and disclosure by Indiana law;
and
(3) must be treated as confidential and protected from public
access and disclosure by the commission.
(b) The parties to a pre-filing meeting under this chapter shall
execute a nondisclosure agreement to review or discuss information or
materials considered confidential under IC 5-14-3-4 or to be trade
secrets under IC 24-2-3.
(c) If the corporation is in negotiations with an industrial, research,
or commercial prospect about a potential economic development
project and, based on communications related to those negotiations,
determines that the potential economic development project for a new
or expanded facility in Indiana may result in the economic development
project requiring new or increased energy demand of at least twenty
(20) megawatts, the corporation shall notify the affected energy utility
not later than fifteen (15) days after making the determination. All
communications of the corporation, including notice under this section
to an affected energy utility, regarding a potential economic
development project are considered confidential and exempt from
disclosure under IC 5-14-3-4(b)(5). Upon the corporation's provision
of the notice required by this subsection, any subsequent:
(1) meeting;
(2) pre-filing meeting;
(3) communications; or
(4) information sharing;
involving the corporation, the affected energy utility, or the industrial,
research, or commercial prospect about a potential economic
development project may be subject to a nondisclosure agreement with
respect to information or materials considered confidential under IC 5-14-3-4 or to be trade secrets under IC 24-2-3.
(d) An energy utility may request, and the commission may approve,
financial incentives under IC 8-1-8.8-11(a) for:
(1) an acquisition; or
(2) a project;
that qualifies as a clean energy project (as defined in IC 8-1-8.8-2).
(e) An energy utility may request that review of an arrangement
under IC 8-1-2-24 and any related rates and charges under IC 8-1-2-25
that are:
(1) submitted with a generation resource submittal; or
(2) filed with a petition for a project;
under this chapter be reviewed and approved or denied by the
commission not later than ninety (90) days after the date of submittal
or filing, as applicable.
(f) Notwithstanding IC 8-1-8.5 or any other applicable statute, an
energy utility may begin construction of an acquisition or a project
before filing a petition or submittal under this chapter.
(g) The commission may require an energy utility to file with the
commission progress reports and updates with respect to an acquisition
or project under this chapter. Any required progress reports or updates
under this subsection shall be made in a form and at a frequency that
the commission determines to be reasonable.

Legislative History

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