§ 8-1-8.7-3 — Certificate of public convenience and necessity; use of clean coal technology

Indiana § 8-1-8.7-3

• Jurisdiction: Indiana
• Art. 1: UTILITIES GENERALLY
• Ch. 8.7: Clean Coal Technology

Text

(a) Except as provided in subsection (c), a
public utility may not use clean coal technology at a new or existing
electric generating facility without first applying for and obtaining from
the commission a certificate that states that public convenience and
necessity will be served by the use of clean coal technology.
(b) The commission shall issue a certificate of public convenience
and necessity under subsection (a) if the commission finds that a clean
coal technology project offers substantial potential of reducing sulfur
or nitrogen based pollutants in a more efficient manner than
conventional technologies in general use as of January 1, 1989. For
purposes of this chapter, a project that the United States Department of
Energy has selected for funding under its Innovative Clean Coal
Technology program and is finally approved for funding after
December 31, 1988, is not considered a conventional technology in
general use as of January 1, 1989. When determining whether to grant
a certificate under this section, the commission shall examine the
following factors:
(1) The costs for constructing, implementing, and using clean coal
technology compared to the costs for conventional emission
reduction facilities.
(2) Whether a clean coal technology project will also extend the
useful life of an existing electric generating facility and the value
of that extension.
(3) The potential reduction of sulfur and nitrogen based pollutants
achieved by the proposed clean coal technology system.
(4) The reduction of sulfur nitrogen based pollutants that can be
achieved by conventional pollution control equipment.
(5) Federal sulfur and nitrogen based pollutant emission
standards.
(6) The likelihood of success of the proposed project.
(7) The cost and feasibility of the retirement of an existing electric
generating facility.
(8) The dispatching priority for the facility utilizing clean coal
technology, considering direct fuel costs, revenues and expenses
of the utility, and environmental factors associated with
byproducts resulting from the utilization of the clean coal
technology.
(9) Any other factors the commission considers relevant,
including whether the construction, implementation, and use of
clean coal technology is in the public's interest.
(c) A public utility is not required to obtain a certificate under this
chapter for a clean coal technology project that constitutes a research
and development project that may be expensed under IC 8-1-2-6.1.

Legislative History

As added by P.L.105-1989, SEC.4.