Indiana Code Title 8. Utilities and Transportation § 8-1-8.4-6

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 under section 7(c) of this chapter must obtain from the commission a certificate that states that public convenience and necessity will be served by a compliance project proposed by the energy utility.

(b) The commission shall issue a certificate of public convenience and necessity under section 7(b) of this chapter if the commission finds that the proposed compliance project will allow the energy utility to comply directly or indirectly with one (1) or more federally mandated requirements.  In determining whether to grant a certificate under this section, the commission shall examine the following factors:

(1) The following, which must be set forth in the energy utility's application for the certificate sought, in accordance with section 7(a) of this chapter:

(A) A description of the federally mandated requirements, including any consent decrees related to the federally mandated requirements, that the energy utility seeks to comply with through the proposed compliance project.

(B) A description of the projected federally mandated costs associated with the proposed compliance project, including costs that are allocated to the energy utility:

(i) in connection with regional transmission expansion planning and construction;  or

(ii) under a Federal Energy Regulatory Commission approved tariff, rate schedule, or agreement.

(C) A description of how the proposed compliance project allows the energy utility to comply with the federally mandated requirements described by the energy utility under clause (A).

(D) Alternative plans that demonstrate that the proposed compliance project is reasonable and necessary.

(E) Information as to whether the proposed compliance project will extend the useful life of an existing energy utility facility and, if so, the value of that extension.

(2) Any other factors the commission considers relevant.

(c) An energy utility is not required to obtain a certificate under this section for a project that constitutes a research and development project.


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