Indiana Code Title 8. Utilities and Transportation § 8-1-2.2-5

Sec. 5. Sale of Capacity or Output by a Municipality.  Whenever a municipality has capacity or output derived from its ownership share of a project or otherwise in excess of its current needs or which cannot be economically utilized immediately, it may sell or exchange the excess capacity or output, by agreement, to any municipality owning electric distribution facilities, to any joint agency, or to any public utility.  Sales of excess capacity or output of a project to public utilities shall not be made in such amounts, for such periods of time, and under such conditions as will cause the interest on bonds issued to finance the cost of a project to become taxable by the federal government.