Indiana Code Title 8. Utilities and Transportation § 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:

(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:

(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:

(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:

(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:

(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.