Title 8, UTILITIES AND TRANSPORTATION

Sec. 4. As used in this chapter, "utility service interruption emergency" means an outage or interruption of utility service in Indiana, including a near term threat or occurrence of a meteorological or other condition reasonably likely to result in outages or service interruptio…

Sec. 5. As used in this chapter, "utility service vehicle" has the meaning set forth in 49 CFR 395.2. As added by P.L.42-2004, SEC.1.

Sec. 6. An individual who: (1) is the holder of a commercial driver's license; (2) is: (A) an employee; (B) an employee of a contractor; or (C) an employee of a subcontractor; of a public utility in an employment capacity in which the commercial driver's license is used; and (3) …

Sec. 1. As used in this chapter, "certificate" refers to a certificate of public convenience and necessity issued by the commission under section 7(b) of this chapter. As added by P.L.150-2011, SEC.1.

Sec. 2. (a) As used in this chapter, "compliance project" means a project: (1) undertaken by an energy utility; and (2) related to the direct or indirect compliance by the energy utility with one (1) or more federally mandated requirements. (b) The term includes: (1) an addition;…

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.150-2011, SEC.1.

Sec. 4. (a) As used in this chapter, "federally mandated costs" means costs that an energy utility has incurred, or estimates that it will incur, in connection with a compliance project, including capital, operating, maintenance, depreciation, tax, or financing costs, or costs th…

Sec. 5. As used in this chapter, "federally mandated requirement" means a requirement that the commission determines is imposed on an energy utility by the federal government in connection with any of the following: (1) The federal Clean Air Act (42 U.S.C. 7401 et seq.). (2) The …

Sec. 6. (a) Except as provided in subsection (c), or unless an energy utility has elected to file for: (1) a certificate of public convenience and necessity; or (2) the recovery of costs; under another statute, an energy utility that seeks to recover federally mandated costs unde…

Sec. 7. (a) As a condition for receiving the certificate required under section 6 of this chapter, an energy utility must file with the commission an application that sets forth the information described in section 6(b) of this chapter, supported with technical information in as …

Sec. 1. (a) Except as provided in subsection (c), as used in this chapter, "public utility" means a: (1) public, municipally owned, or cooperatively owned utility; or (2) joint agency created under IC 8-1-2.2. (b) As used in this chapter, "public utility service" means the servic…

Sec. 10. (a) For purposes of this section, "electricity supplier" means a public utility (as defined in IC 8-1-2-1) that furnishes retail electric service to customers in Indiana. The term does not include a utility that is: (1) a municipally owned utility (as defined in IC 8-1-2…

Sec. 12. (a) As used in this section, "coal industry employment" means employment: (1) at a commercial coal mine in Indiana; (2) at a coal fired electric generating unit in Indiana; or (3) in an Indiana based manufacturing or transportation supply chain serving: (A) a commercial …

Sec. 12.1. (a) As used in this section, "project development costs" means costs that have been incurred, or are reasonably estimated to be incurred, in the development of one (1) or more small modular nuclear reactors, including: (1) evaluation, design, and engineering costs; (2)…

Sec. 13. (a) The general assembly finds that it is in the public interest to support the reliability, availability, and diversity of electric generating capacity in Indiana for the purpose of providing reliable and stable electric service to customers of public utilities. (b) As …

Sec. 14. (a) As used in this section, "advanced transmission technologies" means software or hardware technologies that increase the capacity, efficiency, reliability, or safety of an existing or new electric transmission facility, including: (1) grid enhancing technologies, such…

Sec. 15. (a) The definitions in section 3.6 of this chapter apply throughout this section. (b) The commission shall conduct a study to evaluate the potential use of surplus interconnection service by electric utilities to enable electric utilities to: (1) safely, reliably, effici…

Sec. 2. Except as provided in section 7 of this chapter, a public utility may not begin the construction, purchase, or lease of any steam, water, or other facility for the generation of electricity to be directly or indirectly used for the furnishing of public utility service, ev…

Sec. 2.1. (a) This section does not apply to the retirement, sale, or transfer of: (1) a public utility's electric generation facility if the retirement, sale, or transfer is necessary in order for the public utility to comply with a federal consent decree; or (2) an electric gen…

Sec. 3. (a) The commission shall develop, publicize, and keep current an analysis of the long-range needs for expansion of facilities for the generation of electricity. (b) This analysis must include an estimate of: (1) the probable future growth of the use of electricity; (2) th…

Sec. 3.2. (a) This section applies to an electric utility that submits an integrated resource plan described in section 3(e) of this chapter after June 30, 2021, and before January 1, 2025. (b) Except as otherwise provided in this section, the definitions in 170 IAC 4-7 apply thr…

Sec. 3.3. (a) Except as otherwise provided in this section, the definitions in 170 IAC 4-7 apply throughout this section. (b) As used in this section, "electric utility" refers to an electric utility listed in 170 IAC 4-7-2(a). (c) In reviewing an integrated resource plan that is…

Sec. 3.4. (a) As used in this section, "advanced transmission technologies" means software or hardware technologies that increase the capacity, efficiency, reliability, or safety of an existing or new electric transmission facility, including: (1) grid enhancing technologies, suc…

Sec. 3.5. (a) To arrive at estimates of the probable future growth of the use of electricity required by section 3(b)(1) of this chapter, the commission shall establish a permanent forecasting group to be located at a state supported college or university within Indiana. The comm…

Sec. 3.6. (a) As used in this section, "electric utility" refers to an electric utility listed in 170 IAC 4-7-2(a). (b) As used in this section, "interconnection service" refers to a service that is: (1) established in a standard large generator interconnection agreement, as defi…

Sec. 4. (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 t…

Sec. 5. (a) As a condition for receiving the certificate required under section 2 of this chapter, the applicant shall file an estimate of construction, purchase, or lease costs in such detail as the commission may require. (b) The commission shall hold a public hearing on each s…

Sec. 5.5. When, in the opinion of the commission, changes in the estimate of the probable future growth of the use of electricity so indicate, the commission shall commence a review of any certificate granted under this chapter to determine whether the public convenience and nece…

Sec. 6. (a) In addition to the review of the continuing need for the facility under construction prescribed in section 5.5 of this chapter, the commission shall, at the request of the public utility, maintain an ongoing review of such construction as it proceeds. The applicant sh…

Sec. 6.5. Absent fraud, concealment, or gross mismanagement, a utility shall recover through rates the actual costs the utility has incurred in reliance on a certificate issued under this chapter, and as modified under sections 5.5 and 6 of this chapter as follows: (1) If a facil…

Sec. 7. 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 comp…

Sec. 8. Except as otherwise provided in this chapter, nothing in this chapter limits the commission's responsibility regarding valuation of utility property under IC 8-1-2-6. As added by P.L.5-1988, SEC.47. Amended by P.L.53-1992, SEC.8.

Sec. 9. (a) For purposes of this section, "DSM order" refers to an order of the commission that establishes or approves: (1) energy efficiency targets or goals for electricity suppliers; or (2) an energy efficiency program sponsored by an electricity supplier. The term includes t…

Sec. 1. As used in this chapter, "clean coal technology" means a technology (including precombustion treatment of coal): (1) that is used in a new or existing electric generating facility and directly or indirectly reduces airborne emissions of sulfur or nitrogen based pollutants…

certification; joint applications Sec. 10. (a) This chapter does not relieve a public utility of the duty to obtain a certificate under IC 8-1-8.5 if the utility is proposing the use of clean coal technology as a part of the construction of an electric generating facility. (b) A …

Sec. 2. As used in this chapter, "public utility" means a public or municipally owned utility. As added by P.L.105-1989, SEC.4.

Sec. 3. (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…

Sec. 4. (a) As a condition for receiving the certificate required under section 3 of this chapter, an applicant must file an estimate of the cost of constructing, implementing, and using clean coal technology and supportive technical information in as much detail as the commissio…

Sec. 5. When, in the opinion of the commission, changes in the estimate of the cost or the need for clean coal technology occur, the commission shall immediately commence a review of the certificate granted under this chapter to determine if public convenience and necessity will …

Sec. 6. If a public utility cancels the implementation of the technology as a result of the modification or revocation of a certificate by the commission under section 5 of this chapter, the public utility may recover the amount of its investment in the technology, along with a r…

Sec. 7. (a) This section does not apply if the utility elects the review described in section 8 of this chapter. (b) In addition to the review of the continuing need for the clean coal technology system under construction prescribed in section 5 of this chapter, the commission sh…

Sec. 8. A public utility may elect to forgo any commission review of the construction and cost until completion of the clean coal technology system. If the commission has annually approved the continuing need for the project under section 5 of this chapter, and to the extent the …

Sec. 9. After the commission has made a finding under section 4(b)(4) of this chapter as to the dispatching priority of a facility utilizing clean coal technology, the utility receiving the certificate under this chapter may dispatch the facility for which the certificate is issu…

Sec. 1. (a) The general assembly makes the following findings: (1) Growth of Indiana's population and economic base has created a need for new energy production or generating facilities in Indiana. (2) The development of a robust and diverse portfolio of energy production or gene…

Sec. 10. (a) As used in this chapter "renewable energy resource" means the following: (1) A clean energy resource listed in: (A) IC 8-1-37-4(a)(1) through IC 8-1-37-4(a)(16); (B) IC 8-1-37-4(a)(22); or (C) IC 8-1-37-4(a)(23). (2) Low temperature, oxygen starved gasification of mu…