Indiana § 8-1-8.5-7 Exemptions from certification requirements; report to commission of
proposed construction required

Indiana Statutes

§ 8-1-8.5-7 — Exemptions from certification requirements; report to commission of proposed construction required

Indiana § 8-1-8.5-7

Art. 1UTILITIES GENERALLY

Ch. 8.5Electric Utility Resource Planning and Certification

This text of Indiana § 8-1-8.5-7 (Exemptions from certification requirements; report to commission of proposed construction required) 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 § 8-1-8.5-7 (2026).

Text

The certification requirements of this chapter do not apply to a person that:

(1)constructs an electric generating facility primarily for that person's own use and not for the primary purpose of producing electricity, heat, or steam for sale to or for the public for compensation;

(2)constructs an alternate energy production facility, cogeneration facility, or a small hydro facility that complies with the limitations set forth in IC 8-1-2.4-5;

(3)is a municipal utility, including a joint agency created under IC 8-1-2.2-8, and installs an electric generating facility that has a capacity of ten thousand (10,000) kilowatts or less;

(4)is a public utility and:

(A)installs a clean energy project described in IC 8-1-8.8-2(2) that is approved by the commission and that:

(i)uses a clean energ

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The certification requirements of this chapter
do not apply to a person that:
(1) constructs an electric generating facility primarily for that
person's own use and not for the primary purpose of producing
electricity, heat, or steam for sale to or for the public for
compensation;
(2) constructs an alternate energy production facility,
cogeneration facility, or a small hydro facility that complies with
the limitations set forth in IC 8-1-2.4-5;
(3) is a municipal utility, including a joint agency created under
IC 8-1-2.2-8, and installs an electric generating facility that has a
capacity of ten thousand (10,000) kilowatts or less;
(4) is a public utility and:
(A) installs a clean energy project described in IC 8-1-8.8-2(2)
that is approved by the commission and that:
(i) uses a clean energy resource described in IC 8-1-37-4(a)(1), IC 8-1-37-4(a)(2), or IC 8-1-37-4(a)(5); and
(ii) has a nameplate capacity of not more than fifty thousand
(50,000) kilowatts; and
(B) uses a contractor that:
(i) is subject to Indiana unemployment taxes; and
(ii) is selected by the public utility through bids solicited in
a competitive procurement process;
in the engineering, procurement, or construction of the project;
or
(5) is:
(A) a corporation organized under IC 8-1-13;
(B) a corporation organized under IC 23-17 that is an electric
cooperative and that has at least one (1) member that is a
corporation organized under IC 8-1-13; or
(C) a:
(i) surviving corporation that remains after a merger of two
(2) or more corporations under IC 8-1-17.5; or
(ii) successor corporation that is formed from a consolidation
of two (2) or more corporations under IC 8-1-17.5;
that installs an electric generating facility that has a capacity of
ten thousand (10,000) kilowatts or less.
However, a person described in this section shall, nevertheless, be
required to report to the commission the proposed construction of such
a facility before beginning construction of the facility.