§ 8-1-8.5-4 — Considerations for commission's review of petition; impact of federal phaseout mandates; provision of electric utility service with attributes specified in state policy

Indiana § 8-1-8.5-4

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

Text

(a) As used in this section, "federal phaseout
mandate" means any federal statutory or regulatory requirement that:
(1) is established after April 20, 2021, by the Congress of the
United States, a federal regulatory agency, or a federal executive
order; and
(2) requires the phaseout or discontinuance of a particular type of
electric generating facility, technology, or fuel source.
(b) In acting upon any petition for the construction, purchase, or
lease of any facility for the generation of electricity, the commission
shall take into account the following:
(1) The applicant's current and potential arrangement with other
electric utilities for:
(A) the interchange of power;
(B) the pooling of facilities;
(C) the purchase of power; and
(D) joint ownership of facilities.
(2) Other methods for providing reliable, efficient, and
economical electric service, including the refurbishment of
existing facilities, conservation, load management, cogeneration,
and renewable energy sources.
(3) With respect to a petition that:
(A) is for the construction of a new generating facility; and
(B) is submitted to the commission after June 30, 2021, and
before January 1, 2025;
the impact of federal phaseout mandates on the estimated useful
life of each proposed generating facility included in the petition,
including depreciation expense associated with each facility.
(4) With respect to a petition that is submitted to the commission
after June 30, 2023, whether the proposed construction, purchase,
or lease of the facility will result in the provision of electric utility
service with the attributes set forth in IC 8-1-2-0.6, including:
(A) reliability;
(B) affordability;
(C) resiliency;
(D) stability; and
(E) environmental sustainability;
as described in IC 8-1-2-0.6.

Legislative History

As added by P.L.43-1983, SEC.12. Amended by P.L.88-1985, SEC.9; P.L.180-2021, SEC.3; P.L.55-2023, SEC.4.