Indiana § 8-1-8.4-6 Necessity for public convenience and necessity certification;
considerations for issuing a certificate

Indiana Statutes

§ 8-1-8.4-6 — Necessity for public convenience and necessity certification; considerations for issuing a certificate

Indiana § 8-1-8.4-6

Art. 1UTILITIES GENERALLY

Ch. 8.4Federally Mandated Requirements for Energy Utilities

This text of Indiana § 8-1-8.4-6 (Necessity for public convenience and necessity certification; considerations for issuing a certificate) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 8-1-8.4-6 (2026).

Text

(a)Except as provided in subsection (c), or unless an energy utility has elected to file for:

(1)a certificate of public convenience and necessity; or

(2)the recovery of costs; under another statute, an energy utility that seeks to recover federally mandated costs under section 7(c) of this chapter must obtain from the commission a certificate that states that public convenience and necessity is served by the energy utility's compliance project.

(b)The commission shall issue a certificate of public convenience and necessity under section 7(b) of this chapter if the commission finds that the compliance project allows the energy utility to comply directly or indirectly with one (1) or more federally mandated requirements. In determining whether to grant a certificate under this section,

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(a) Except as provided in subsection (c), or
unless an energy utility has elected to file for:
(1) a certificate of public convenience and necessity; or
(2) the recovery of costs;
under another statute, an energy utility that seeks to recover federally
mandated costs under section 7(c) of this chapter must obtain from the
commission a certificate that states that public convenience and
necessity is served by the energy utility's compliance project.
(b) The commission shall issue a certificate of public convenience
and necessity under section 7(b) of this chapter if the commission finds
that the compliance project allows the energy utility to comply directly
or indirectly with one (1) or more federally mandated requirements. In
determining whether to grant a certificate under this section, the
commission shall examine the following factors:
(1) The following, which must be set forth in the energy utility's
application for the certificate sought, in accordance with section
7(a) of this chapter:
(A) A description of the federally mandated requirements,
including any consent decrees related to the federally mandated
requirements, that the energy utility will comply with through
the compliance project.
(B) A description of the federally mandated costs associated
with the compliance project, including costs that are allocated
to the energy utility:
(i) in connection with regional transmission expansion
planning and construction; or
(ii) under a Federal Energy Regulatory Commission approved
tariff, rate schedule, or agreement.
(C) A description of how the compliance project allows the
energy utility to comply with the federally mandated
requirements described by the energy utility under clause (A).
(D) Alternative plans that demonstrate that the compliance
project is reasonable and necessary.
(E) Information as to whether the compliance project will
extend the useful life of an existing energy utility facility and,
if so, the value of that extension.
(2) Any other factors the commission considers relevant.
(c) An energy utility is not required to obtain a certificate under this
section for a project that constitutes a research and development
project.