Title 8, TITLE 8. UTILITIES AND TRANSPORTATION
337 chapters · 3,744 sections in this title.
Ind. Code § 8-1-40.5-1 "Assignee"
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Sec. 1. As used in this chapter, "assignee" means any individual, corporation, or other legally recognized entity to which an interest in securitization property is transferred. As added by P.L.80-2021, SEC.1.
Ind. Code § 8-1-40.5-10 Financing orders: petition; findings required for issuance;
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scope and effect; allocation of qualified costs among customer classes; securitization bond provisions Sec. 10. (a) An electric utility with qualified costs that are at least five percent (5%) of the electric utility's total jurisdictional electric rate base may file a petition w…
Ind. Code § 8-1-40.5-11 Securitization property
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Sec. 11. (a) Securitization property consists of the rights and interests of an electric utility, or its successor, under a financing order, including the following: (1) The right to impose, collect, and receive securitization charges, as authorized under the financing order, in …
Ind. Code § 8-1-40.5-12 Interests in securitization property and charges; securitization
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charges nonbypassable; review and adjustment of securitization charges; recovery of incremental costs Sec. 12. (a) The interest of an assignee in securitization property and in securitization charges is not subject to setoff, counterclaim, surcharge, or defense by the electric ut…
Ind. Code § 8-1-40.5-13 Scope of Indiana utility regulatory commission powers and
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duties with respect to securitization; effect of securitization on electric utility ratemaking and financing Sec. 13. (a) The commission, in exercising the commission's powers and carrying out the commission's duties with regard to any matter within the commission's authority und…
Ind. Code § 8-1-40.5-14 Transfer of securitization property
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Sec. 14. (a) If an agreement by an electric utility or an assignee to transfer securitization property expressly states that the transfer is a sale or is otherwise an absolute transfer: (1) the resulting transaction: (A) is a true sale; and (B) is not a secured transaction; and (…
Ind. Code § 8-1-40.5-15 Lien on and security interest in securitization property
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Sec. 15. (a) A valid and enforceable lien and security interest in securitization property may be created only by a financing order and the execution and delivery of a security agreement with a financing entity in connection with the issuance of securitization bonds. (b) The lien…
Ind. Code § 8-1-40.5-16 Securitization bonds not debt, obligation, or charge on credit
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or taxing power of state; state covenant with respect to securitization bonds Sec. 16. (a) Securitization bonds are not: (1) a debt or obligation of the state; or (2) a charge on the state's full faith and credit or on the state's taxing power. (b) The state pledges, for the bene…
Ind. Code § 8-1-40.5-17 Effect of securitization bonds on tax liability; liability of
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successor for securitization bonds, charges, and property; assignee or financing party not considered an electric utility Sec. 17. (a) The acquisition, ownership, and disposition of any direct interest in any securitization bond shall not be taken into account in determining whet…
Ind. Code § 8-1-40.5-18 Severability
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Sec. 18. The provisions of this chapter are severable in the manner provided in IC 1-1-1-8(b). As added by P.L.80-2021, SEC.1.
Ind. Code § 8-1-40.5-19 Adoption of rules by Indiana utility regulatory commission
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Sec. 19. The commission shall adopt rules under IC 4-22-2 to implement this chapter. In adopting the rules required by this section, the commission may adopt emergency rules in the manner provided by IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g), an emergency rule adopted by …
Ind. Code § 8-1-40.5-2 "Commission"
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Sec. 2. As used in this chapter, "commission" refers to the Indiana utility regulatory commission created by IC 8-1-1-2. As added by P.L.80-2021, SEC.1.
Ind. Code § 8-1-40.5-3 "Electric utility"
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Sec. 3. As used in this chapter, "electric utility" means a public utility (as defined in IC 8-1-2-1(a)) that meets the following criteria: (1) The public utility owns or operates any electric generation facility for the provision of electric utility service to Indiana customers.…
Ind. Code § 8-1-40.5-4 "Financing order"
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Sec. 4. As used in this chapter, "financing order" means an order issued by the commission under section 10 of this chapter. As added by P.L.80-2021, SEC.1. IC 8-1-40.5-5 "Financing party" Sec. 5. (a) As used in this chapter, "financing party" means a holder of securitization bon…
Ind. Code § 8-1-40.5-6 "Qualified costs"
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Sec. 6. As used in this chapter, "qualified costs", with respect to an electric generation facility that will be retired from service by an electric utility not later than twenty-four (24) months after the filing of a petition by the electric utility under section 10 of this chap…
Ind. Code § 8-1-40.5-7 "Securitization bonds"
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Sec. 7. (a) As used in this chapter, "securitization bonds" means bonds, debentures, notes, certificates of participation, certificates of a beneficial interest, certificates of ownership, or other evidences of indebtedness that: (1) are issued by an electric utility, its success…
Ind. Code § 8-1-40.5-8 "Securitization charges"
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Sec. 8. As used in this chapter, "securitization charges" means nonbypassable amounts that are: (1) approved by the commission under a financing order to allow for the full recovery of qualified costs by an electric utility; (2) collected from all retail customers and customer cl…
Ind. Code § 8-1-40.5-9 "Securitization property"
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Sec. 9. As used in this chapter, "securitization property" means the rights and interests of an electric utility, or its successor, under a financing order, as described in section 11 of this chapter. As added by P.L.80-2021, SEC.1.