§ 8-1-8.5-2.1 — Retirement, sale, or transfer of electric generation facility; notice; commission consideration and investigation; recovery of accelerated depreciation

Indiana § 8-1-8.5-2.1

• Jurisdiction: Indiana
• Art. 1: UTILITIES GENERALLY
• Ch. 8.5: Electric Utility Resource Planning and Certification

Text

1. (a) This section does not apply to the
retirement, sale, or transfer of:
(1) a public utility's electric generation facility if the retirement,
sale, or transfer is necessary in order for the public utility to
comply with a federal consent decree; or
(2) an electric generation facility that generates electricity for sale
exclusively to the wholesale market.
(b) A public utility shall notify the commission if:
(1) the public utility intends or decides to retire, sell, or transfer
an electric generation facility with a capacity of at least eighty
(80) megawatts; and
(2) the retirement, sale, or transfer:
(A) was not set forth in; or
(B) is to take place on a date earlier than the date specified in;
the public utility's short term action plan in the public utility's
most recently filed integrated resource plan.
(c) Upon receiving notice from a public utility under subsection (b),
the commission shall consider and may investigate, under IC 8-1-2-58
through IC 8-1-2-60, the public utility's intention or decision to retire,
sell, or transfer the electric generation facility. In considering the public
utility's intention or decision under this subsection, the commission
shall examine the impact the retirement, sale, or transfer would have on
the public utility's ability to meet:
(1) the public utility's planning reserve margin requirements or
other federal reliability requirements that the public utility is
obligated to meet, as described in section 13(n)(6) of this chapter;
and
(2) the reliability adequacy metrics set forth in section 13(h) of
this chapter.
(d) Before July 1, 2026, if:
(1) a public utility intends or decides to retire, sell, or transfer an
electric generation facility with a capacity of at least eighty (80)
megawatts; and
(2) the retirement, sale, or transfer:
(A) was not set forth in; or
(B) is to take place on a date earlier than the date specified in;
the public utility's short term action plan in the public utility's
most recently filed integrated resource plan;
the commission shall not permit the public utility's depreciation rates,
as established under IC 8-1-2-19, to be amended to reflect the
accelerated date for the retirement, sale, or transfer of the electric
generation asset unless the commission finds that such an adjustment
is necessary to ensure the ability of the public utility to provide reliable
service to its customers, and that the unamended depreciation rates
would cause an unjust and unreasonable impact on the public utility
and its ratepayers.
(e) The commission may issue a general administrative order to
implement this section.
(f) This section expires July 1, 2026.

Legislative History

As added by P.L.2-2023, SEC.6. Amended by P.L.1-2025, SEC.116; P.L.217-2025, SEC.3.