Ind. Code § 8-1-7.9-24

Sec. 24. (a) This section applies to an energy utility that petitions the commission for approval of a project to serve a large load customer.

(b) The commission may approve a petition in whole or in part. The commission shall make its decision based on whether the relief requested is just, reasonable, and in the public interest. The commission shall issue its final order on the petition not later than one hundred fifty (150) days after receiving the energy utility's complete petition and case in chief. A petition is considered:

(1) complete unless the commission provides a notice of deficiency to the energy utility not later than seven (7) business days after the filing of the petition; and

(2) approved if the commission does not issue a final order on the petition within the one hundred fifty (150) day period set forth in this subsection.

(c) If an energy utility files a petition that includes one (1) or more large load customers and one (1) or more proposed projects, the commission may:

(1) approve the energy utility's petition in its entirety;

(2) deny the energy utility's petition in its entirety; or

(3) modify the petition, subject to the energy utility's acceptance of the modification.

(d) The commission may approve a reasonable risk premium for a project if requested in an energy utility's petition and if the commission finds that the reasonable risk premium is appropriate. If the commission approves a reasonable risk premium:

(1) the large load customer is responsible for the amount of the reasonable risk premium; and

(2) the reasonable risk premium may not be:

(A) included in the energy utility's:

(i) revenue requirement;

(ii) authorized net operating income; or

(iii) calculations under IC 8-1-2-42(d)(3) or IC 8-1-2-42(g)(3)(C); or

(B) otherwise considered for purposes of setting the authorized return in any future general rate case or other regulatory proceeding involving the energy utility.

(e) The commission may approve an energy utility's request to construct, purchase, lease, or otherwise acquire an energy generation resource under this chapter (notwithstanding and instead of under IC 8-1-2.5, IC 8-1-8.5, or IC 8-1-8.8) for the purpose of serving one (1) or more large load customers. In approving an energy utility's request under this chapter to acquire an energy generation resource to serve one (1) or more large load customers, the commission must find that:

(1) the information provided by the energy utility under section 23 of this chapter is complete;

(2) reasonable and demonstrable consideration was given to nongeneration alternatives by the parties involved;

(3) existing and future customers of the energy utility will be adequately protected if the request is granted; and

(4) the energy utility has considered the impact of the request on the energy utility's preferred resource portfolio in the energy utility's most recent integrated resource plan.

(f) An energy utility shall promptly notify the commission if, after the commission has approved a petition under subsection (e), one (1) or more of the large load customers with respect to whom the petition was approved:

(1) no longer requires service from the energy utility or materially alters or terminates the large load customer's service requirements; and

(2) the project is incomplete.

(g) The commission may, not later than sixty (60) days after receiving a notice under subsection (f), conduct an investigation under IC 8-1-2-58 through IC 8-1-2-60 to determine whether the public interest would still be served by completion of the project. An investigation under this subsection does not preclude the energy utility from continuing construction of the project to serve the large load customer or from continuing to serve the large load customer. If the commission finds that completion of the project is no longer in the public interest, the commission may modify or revoke the order approving the petition.

As added by P.L.217-2025, SEC.2.