Title 8, UTILITIES AND TRANSPORTATION

Sec. 12. (a) An SNG property interest, including any right to future purchases of substitute natural gas during the term of a qualified contract, constitutes a present property right. (b) Qualified costs recovered by an energy utility under a qualified order constitute proceeds o…

Sec. 13. (a) An energy utility may assign an SNG property interest to an assignee, including: (1) another party to the qualified contract; or (2) a financing entity. An assignee may in turn assign an SNG property interest to a financing entity that provides financing to the assig…

Sec. 14. The interests of an assignee in: (1) an SNG property interest transferred to the assignee under section 13 of this chapter; and (2) any revenues or collections arising from the SNG property interest transferred; are not subject to setoff by the energy utility that transf…

Sec. 15. (a) If an agreement by an energy utility or an assignee to assign an SNG property interest expressly states that the assignment 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 (2…

Sec. 16. (a) An SNG property interest does not constitute an account or a general intangible under IC 26-1-9.1-102. The creation, granting, perfection, and enforcement of liens and security interests in SNG property interests are governed by this chapter and not by IC 26-1-9.1. (…

Sec. 17. An assignee or a financing party is not considered an energy utility solely by virtue of its participation in any transaction described in this chapter. As added by P.L.175-2007, SEC.21.

Sec. 18. Any entity that becomes a successor to an energy utility as the result of: (1) any bankruptcy, reorganization, or other insolvency proceeding; (2) any merger, sale, or transfer involving the energy utility; or (3) the operation of law; or for any other reason, shall perf…

Sec. 19. An SNG seller that is an assignee may contract with the energy utility, in the qualified contract or in another contract, for the performance of services related to the sale of substitute natural gas under the qualified contract, including: (1) the transportation and dis…

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.175-2007, SEC.21.

Sec. 20. If an energy utility makes a true sale of an SNG property interest to an SNG seller under section 15 of this chapter, the SNG seller: (1) retains title to all substitute natural gas distributed by the energy utility to the energy utility's retail end use customers; (2) i…

Sec. 3. As used in this chapter, "energy utility" has the meaning set forth in IC 8-1-2.5-2. As added by P.L.175-2007, SEC.21.

Sec. 4. As used in this chapter, "financing entity" means a person that provides: (1) equity financing; or (2) debt financing; that is secured by an SNG property interest. As added by P.L.175-2007, SEC.21.

Sec. 5. As used in this chapter, "qualified contract" means a contract with a term of at least thirty (30) years for the sale of substitute natural gas to an energy utility. As added by P.L.175-2007, SEC.21.

Sec. 6. As used in this chapter, "qualified cost" means any cost incurred by an energy utility in purchasing substitute natural gas under a qualified contract. As added by P.L.175-2007, SEC.21.

Sec. 7. As used in this chapter, "qualified order" means a final and irrevocable order that: (1) is issued by the commission; and (2) approves a qualified contract adopted in accordance with this chapter and IC 8-1-2-42.1. As added by P.L.175-2007, SEC.21.

Sec. 8. As used in this chapter, "substitute natural gas" or "SNG" has the meaning set forth in IC 8-1-2-42.1(a). As added by P.L.175-2007, SEC.21.

Sec. 9. As used in this chapter, "SNG property interest" means the right, title, and interest that: (1) are held by an energy utility or its assignee; (2) are created by a qualified order; and (3) entitle the energy utility or its assignee to recover qualified costs under IC 8-1-…