Indiana § 8-1-44-13 - Petition to participate in program; required information; joint petition by eligible utilities; commission's review; considerations; final order; required findings for approval

§ 8-1-44-13. Petition to participate in program; required information; joint petition by eligible utilities; commission's review; considerations; final order; required findings for approval

Sec. 13. (a) An eligible utility that seeks to develop a project with one (1) or more eligible partners may petition the commission, in the form and manner prescribed by the commission, for approval to participate in the program. The eligible utility must file with the petition the eligible utility's case in chief, which must contain the information and supporting documentation regarding the factors the commission must consider under subsection (c). A petition must include, at the minimum, the following information:

(1) A statement identifying each eligible partner participating in the eligible partnership, including the contact information for a representative of the eligible partner to whom the commission may direct all communications concerning the proposed project.

(2) For each eligible partner identified under subdivision (1), a description of the funds, property, or services that the eligible partner plans to contribute to the project, including an estimate of the amount or value of the funds, property, or services to be provided.

(3) For each eligible partner identified under subdivision (2) that plans to provide financing for or otherwise invest financially in the project, any information the commission may require in considering the creditworthiness of the eligible partner, including:

(A) the eligible partner's investment grade rating;

(B) guarantees of a parent company of the eligible partner that has an investment grade rating; or

(C) a bank reference letter or bonding commitment on behalf of the eligible partner;

as may be applicable.

(4) For any eligible partner identified under subdivision (1) and described in section 3(2) of this chapter:

(A) an estimate of the electricity that:

(i) is to be generated by an SMR developed under the project; and

(ii) the eligible partner anticipates using; or

(B) a description of the location and site characteristics of the eligible partner's premises on which an SMR developed under the project is to be located;

as applicable.

(5) The address or geographic coordinates for, or a legal or other description that sufficiently identifies the location of, the proposed eligible project site.

(6) For each SMR to be developed as part of the project, information as to the following, to the extent known at the time of the petition:

(A) The capacity.

(B) The manufacturer.

(C) Any technical configurations or specifications that may be required by the commission.

(D) The proposed location of the SMR on the proposed project site.

(7) An anticipated timeline for the following:

(A) Performing project development activities.

(B) Incurring project development costs, including any eligible project development costs.

(C) The anticipated date by which the eligible partnership will make a decision as to whether to seek a CPCN under IC 8-1-8.5.

(8) Any efforts by the eligible utility or the eligible partnership to pursue funding opportunities from the United States Department of Energy to offset project development costs or construction costs in connection with the proposed project.

(9) Any other information that the commission may require to enable the commission to conduct a review under subsection (c) or make the findings set forth in subsection (d).

(b) If more than one (1) eligible utility is part of an eligible partnership that seeks to develop a project for approval to participate in the program, the eligible utilities shall jointly file the petition required under this section. However, each eligible utility that is part of the eligible partnership and that seeks approval to incur eligible project development costs under section 14 of this chapter must separately file a petition with the commission under section 14 of this chapter. In any case in which more than one (1) eligible utility files a joint petition under this section, a reference in this section to one (1) eligible utility is a reference to all eligible utilities filing the joint petition.

(c) In reviewing a petition and supporting case in chief under this section, the commission shall consider the following:

(1) Whether the proposed project is consistent with:

(A) the purposes set forth in section 12(a) of this chapter; and

(B) any rules adopted by the commission under this chapter.

(2) The factors set forth in IC 8-1-8.5-12.1(d)(1)(A) and IC 8-1-8.5-12.1(d)(1)(B) with respect to any SMR that is to be developed as part of the project, giving due regard to IC 8-1-8.5-12.1(d)(2) that applies in the context of a petition for a CPCN.

(3) Whether the eligible utility has provided adequate assurances that if the eligible utility seeks a CPCN in connection with the project, the eligible utility will comply with all requirements set forth in IC 8-1-8.5 and in rules adopted under IC 8-1-8.5-12.1.

(4) Whether the timeline set forth in the eligible utility's petition under subsection (a)(7) is reasonable and demonstrates a likelihood that the eligible utility will seek a CPCN under IC 8-1-8.5.

(d) The commission shall issue a final order approving or denying a petition under this section not later than one hundred eighty (180) days after receiving the petition and complete case in chief. However, if the commission makes a docket entry extending the procedural schedule and the eligible utility does not object to the entered extension, the commission may extend the one hundred eighty (180) day time frame for issuing a final order under this subsection for the amount of time set forth in the docket entry. The commission shall approve a petition if the commission makes the following findings:

(1) That the proposed project is consistent with:

(A) the purposes set forth in section 12(a) of this chapter; and

(B) any rules adopted by the commission under this chapter.

(2) That if the eligible utility seeks a CPCN in connection with the project, the eligible utility will comply with all requirements set forth in IC 8-1-8.5 and in rules adopted under IC 8-1-8.5-12.1.

(3) That the timeline set forth in the eligible utility's petition under subsection (a)(7) is reasonable and demonstrates a likelihood that the eligible utility will seek a CPCN under IC 8-1-8.5.

As added by P.L.137-2025, SEC.1.