Indiana § 8-1-7-1 - Indeterminate permit replacing franchise

§ 8-1-7-1. Indeterminate permit replacing franchise

Sec. 1. Any public utility operating under a license, permit, or franchise existing on May 31, 1921, from any county, city, or town within the state of Indiana shall, upon filing, at any time prior to July 1, 1923, with the auditor or clerk of any such county, city, or town which granted such license, permit, or franchise, and with the commission, a written declaration, legally executed, that it surrenders such license, permit, or franchise, receive by operation of the law, in lieu thereof, an indeterminate permit as provided in IC 8-1-2, and such public utility shall hold such permit under all the terms, conditions, and limitations of IC 8-1-2 as fully and completely as if the same had been done prior to July 1, 1915.

Formerly: Acts 1921, c.93, s.1. As amended by P.L.59-1984, SEC.58; P.L.23-1988, SEC.39.

IC 8-1-7.9Chapter 7.9. Expedited Generation Resource Plans and Large Load Customers

8-1-7.9-1"Acquisition" 8-1-7.9-2"Acquisition costs" 8-1-7.9-3"Appropriate regional transmission organization" 8-1-7.9-4"Commission" 8-1-7.9-5"Construction and operating costs" 8-1-7.9-6"Corporation" 8-1-7.9-7"Energy utility" 8-1-7.9-8"Expedited generation resource plan" 8-1-7.9-9"Generation resource submittal" 8-1-7.9-10"Large load customer" 8-1-7.9-11"Office" 8-1-7.9-12"Planning costs" 8-1-7.9-13"Pre-filing meeting" 8-1-7.9-14"Project" 8-1-7.9-15"Project costs" 8-1-7.9-16"Reasonable risk premium" 8-1-7.9-17Expedited review of EGR plans and large load customer projects; approval under other statutes not precluded 8-1-7.9-18Petition for approval of EGR plan; required information 8-1-7.9-19Petition for approval of EGR plan; commission's final order; time frame for issuance 8-1-7.9-20Generation resource submittal; required information; acquisition in accordance with approved EGR plan 8-1-7.9-21Generation resource submittal; commission's final order; time frame for issuance 8-1-7.9-22Petition for approval of project to serve large load customer; requirements for submission; financial assurances by large load customer; projects serving multiple locations or customers 8-1-7.9-23Petition for approval of project to serve large load customer; required information; case in chief; notice of filing 8-1-7.9-24Petition for approval of project to serve large load customer; commission's final order; time frame for issuance; reasonable risk premium; approval of acquisition of generation resource; required findings by commission; large load customer no longer requiring service; notice to commission; investigation; modification or revocation of order 8-1-7.9-25Commission's review of energy utility's estimated acquisition costs or project costs; recovery of costs 8-1-7.9-26Information filed or submitted; treatment as confidential; nondisclosure agreements; corporation's negotiations for economic development project; determination of increased energy demand; notice to affected energy utility; requests and incentives under other statutes; progress reports

IC 8-1-7.9-1"Acquisition" Sec. 1. (a) As used in this chapter, "acquisition" means a project or an arrangement that is undertaken:

(1) by an energy utility to construct, purchase, lease, or otherwise acquire a generation resource; and

(2) in accordance with an approved EGR plan.

(b) The term includes the purchase of energy or capacity through a power purchase agreement.

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

IC 8-1-7.9-2"Acquisition costs" Sec. 2. As used in this chapter, "acquisition costs" means the total costs of an acquisition made under an EGR plan, including:

(1) planning;

(2) construction; and

(3) operating;

costs related to the acquisition.

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

IC 8-1-7.9-3"Appropriate regional transmission organization" Sec. 3. As used in this chapter, "appropriate regional transmission organization" has the meaning set forth in IC 8-1-8.5-13(b).

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

IC 8-1-7.9-4"Commission" Sec. 4. As used in this chapter, "commission" refers to the Indiana utility regulatory commission created by IC 8-1-1-2.

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

IC 8-1-7.9-5"Construction and operating costs" Sec. 5. (a) As used in this chapter, "construction and operating costs" means costs:

(1) incurred or to be incurred by an energy utility under this chapter after the issuance of an order by the commission under this chapter; and

(2) related to an approved or commission modified acquisition or project.

(b) The term includes procurement, contractual, construction, operating, maintenance, financing, legal, regulatory, and project evaluation, analysis, and development costs incurred after the issuance of an order by the commission under this chapter.

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

IC 8-1-7.9-6"Corporation" Sec. 6. As used in this chapter, "corporation" refers to the Indiana economic development corporation established by IC 5-28-3-1 or its successor.

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

IC 8-1-7.9-7"Energy utility" Sec. 7. As used in this chapter, "energy utility" means:

(1) an electric utility listed in 170 IAC 4-7-2(a) and any successor in interest to that utility; or

(2) a corporation organized under IC 8-1-13.

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

IC 8-1-7.9-8"Expedited generation resource plan" Sec. 8. As used in this chapter, "expedited generation resource plan", or "EGR plan", means a plan developed by an energy utility for acquiring generation resources to meet load growth that exceeds the lesser of:

(1) five percent (5%) of the energy utility's average peak demand over the most recent three (3) calendar years; or

(2) one hundred fifty (150) megawatts.

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

IC 8-1-7.9-9"Generation resource submittal" Sec. 9. As used in this chapter, "generation resource submittal" means a compliance filing made to the commission for approval of the acquisition of a specific generation resource in accordance with the criteria set forth in an approved EGR plan.

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

IC 8-1-7.9-10"Large load customer" Sec. 10. As used in this chapter, "large load customer" means a new or existing customer of an energy utility, or not more than four (4) multiple new or existing customers of an energy utility, that:

(1) requests new or additional electricity demand that in the aggregate exceeds the lesser of:

(A) five percent (5%) of the energy utility's average peak demand over the most recent three (3) calendar years; or

(B) one hundred fifty (150) megawatts;

(2) plans to make a capital investment that exceeds five hundred million dollars ($500,000,000) in a new or expanded facility in Indiana; and

(3) plans to employ at the new or expanded facility in Indiana at least fifty (50) full-time employees with wages that on average meet or exceed the most recently published annual national average according to the Bureau of Labor Statistics of the United States Department of Labor.

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

IC 8-1-7.9-11"Office" Sec. 11. As used in this chapter, "office" refers to the Indiana office of energy development established by IC 4-3-23-3.

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

IC 8-1-7.9-12"Planning costs" Sec. 12. (a) As used in this chapter, "planning costs" means costs:

(1) incurred or to be incurred by an energy utility before the issuance of an order by the commission under this chapter; and

(2) related to an acquisition or project.

(b) The term includes study, analysis, pre-engineering, engineering, legal, financing, and regulatory costs.

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

IC 8-1-7.9-13"Pre-filing meeting" Sec. 13. As used in this chapter, "pre-filing meeting" means a meeting to review and discuss a filing or submittal by an energy utility in accordance with:

(1) section 18 of this chapter;

(2) section 20 of this chapter; or

(3) section 22 of this chapter;

as applicable.

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

IC 8-1-7.9-14"Project" Sec. 14. As used in this chapter, "project" refers to a project relating to energy infrastructure and generation resources that:

(1) are required primarily to serve a large load customer of an energy utility; and

(2) may be designed to serve more than one (1) large load customer of the energy utility or to meet other customer demand or energy needs.

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

IC 8-1-7.9-15"Project costs" Sec. 15. As used in this chapter, "project costs" means the total costs of a project, including:

(1) planning costs; and

(2) construction and operating costs;

related to the project.

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

IC 8-1-7.9-16"Reasonable risk premium" Sec. 16. As used in this chapter, "reasonable risk premium" means compensation:

(1) negotiated between an energy utility and a large load customer; and

(2) paid by the large load customer.

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

IC 8-1-7.9-17Expedited review of EGR plans and large load customer projects; approval under other statutes not precluded Sec. 17. (a) The commission may expedite, in accordance with this chapter, the review of filings and submittals made by an energy utility to meet the energy infrastructure and generation resource needs of customers. An energy utility may request an expedited review by the commission under either or both of the following:

(1) Sections 18 through 21 of this chapter (concerning EGR plans).

(2) Sections 22 through 24 of this chapter (concerning large load customer projects).

(b) This chapter does not preclude an energy utility from petitioning the commission under other applicable statutes for approval of a generation resource acquisition to meet the needs of its customers.

(c) This chapter does not preclude an energy utility from petitioning the commission under, or in conjunction with, other applicable statutes, including:

(1) IC 8-1-2-24;

(2) IC 8-1-2-42;

(3) IC 8-1-2.5;

(4) IC 8-1-8.5;

(5) IC 8-1-8.8; or

(6) IC 8-1-39;

for approval of a project to meet the needs of large load customers.

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

IC 8-1-7.9-18Petition for approval of EGR plan; required information Sec. 18. (a) This section applies to an energy utility that petitions the commission for approval of an EGR plan.

(b) An energy utility may file a petition with the commission for approval of an EGR plan to acquire generation resources to meet the extraordinary needs for electricity by the energy utility's customers.

(c) In a petition under this section, an energy utility must do the following:

(1) Describe the energy utility's EGR plan for acquiring generation resources to meet the anticipated extraordinary growth in the load of its customers.

(2) Demonstrate a need for generation capacity that exceeds the lesser of:

(A) five percent (5%) of the energy utility's average peak demand over the most recent three (3) calendar years; or

(B) one hundred fifty (150) megawatts.

(3) Provide a load growth forecast for a minimum of five (5) years from the date of the petition.

(4) Describe the status of customer contracts and commitments that support the load growth forecast described in subdivision (3).

(5) Explain how the EGR plan is consistent with or differs from the energy utility's most recent integrated resource plan.

(6) Propose the accounting authority needed from the commission to support the EGR plan.

(7) Propose the manner in which the capital costs and operating and maintenance expenses related to the EGR plan will be included in the energy utility's revenue requirement.

(8) Identify the type and amount of capacity and energy:

(A) that is included in the EGR plan;

(B) that does not exceed seventy-five percent (75%) of the energy utility's peak capacity over the forecast period described in subdivision (3); and

(C) with respect to which the energy utility may request expedited approval in a subsequent generation resource submittal.

(9) Identify the criteria to be included in a generation resource submittal that must be met for the acquisition to be approved by the commission.

(10) Certify that at least thirty (30) days before the filing of the petition the energy utility held a pre-filing meeting with the commission and the office of utility consumer counselor to review the EGR plan.

(11) Describe how the energy utility considered implementing grid enhancing technologies to defer or minimize the need for additional investment in generation.

(12) Describe how the EGR plan will support the provision of electric utility service with the attributes set forth in IC 8-1-2-0.6, including:

(A) reliability;

(B) affordability;

(C) resiliency;

(D) stability; and

(E) environmental sustainability.

(13) Describe how the EGR plan reasonably protects existing and future customers and is consistent with:

(A) the provision of safe, reliable, and affordable electric utility service; and

(B) economical rates.

(14) Include:

(A) verified testimony; and

(B) exhibits;

supporting the petition and constituting the energy utility's case in chief.

(15) Include a proposed order for the petition.

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

IC 8-1-7.9-19Petition for approval of EGR plan; commission's final order; time frame for issuance Sec. 19. (a) This section applies to an energy utility that petitions the commission for approval of an EGR plan.

(b) Notwithstanding IC 8-1-8.5 or any other statute, the commission may approve an energy utility's EGR plan to construct, purchase, lease, or otherwise acquire generation resources under this chapter for purposes of meeting the needs of the energy utility's customers. The commission shall make its decision based on whether the relief requested is just, reasonable, and in the public interest.

(c) 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 shall issue a final order on the petition not later than ninety (90) days after receiving the energy utility's complete petition. A petition is considered:

(1) complete unless the commission provides a notice of deficiency to the energy utility not later than five (5) 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 ninety (90) day period set forth in this subsection.

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

IC 8-1-7.9-20Generation resource submittal; required information; acquisition in accordance with approved EGR plan Sec. 20. (a) This section applies to an energy utility that submits to the commission for approval a generation resource submittal in accordance with an approved EGR plan.

(b) An energy utility may submit a generation resource submittal to the commission for approval of an acquisition that the energy utility intends to make in accordance with an approved EGR plan.

(c) In a generation resource submittal under this section, an energy utility must do the following:

(1) Describe:

(A) the type of technology used in the generation resource to be acquired;

(B) the amount of capacity and energy to be acquired;

(C) key contractual terms for the acquisition; and

(D) the estimated acquisition costs.

(2) Demonstrate that the acquisition meets the criteria set forth in the energy utility's approved EGR plan.

(3) Explain how the acquisition is consistent with or differs from the energy utility's most recent integrated resource plan.

(4) Detail the status of customer contracts and commitments that support the acquisition.

(5) Certify that at least thirty (30) days before the filing of the generation resource submittal the energy utility held a pre-filing meeting with the commission and the office of utility consumer counselor to review the acquisition.

(6) Describe how the energy utility considered implementing grid enhancing technologies to defer or minimize the need for additional investment in generation.

(7) Describe how the acquisition will support the provision of electric utility service with the attributes set forth in IC 8-1-2-0.6, including:

(A) reliability;

(B) affordability;

(C) resiliency;

(D) stability; and

(E) environmental sustainability.

(8) Describe how the acquisition reasonably protects existing and future customers and is consistent with:

(A) the provision of safe, reliable, and affordable electric utility service; and

(B) economical rates.

(9) Include supporting affidavits and exhibits.

(10) Include a proposed order for the submittal.

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

IC 8-1-7.9-21Generation resource submittal; commission's final order; time frame for issuance Sec. 21. (a) This section applies to an energy utility that submits to the commission for approval a generation resource submittal in accordance with an approved EGR plan.

(b) Notwithstanding IC 8-1-8.5 or any other statute, the commission may approve an energy utility's generation resource submittal to construct, purchase, lease, or otherwise acquire generation resources under this chapter for purposes of meeting the needs of the energy utility's customers. The commission shall make its decision based solely on whether the submittal meets the criteria and requirements set forth in the energy utility's approved EGR plan.

(c) The commission may:

(1) approve the energy utility's generation resource submittal in its entirety;

(2) deny the energy utility's generation resource submittal in its entirety; or

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

(d) The commission shall issue a final order on the energy utility's generation resource submittal not later than:

(1) sixty (60) days after receiving the energy utility's complete generation resource submittal, if the acquisition is a clean energy project (as defined in IC 8-1-8.8-2); or

(2) one hundred twenty (120) days after receiving the energy utility's complete generation resource submittal, if the acquisition would otherwise require a certificate under IC 8-1-8.5-2.

A generation resource submittal is considered complete unless the commission provides a notice of deficiency to the energy utility not later than five (5) business days after the filing of the generation resource submittal. A generation resource submittal is considered approved if the commission does not issue a final order on the generation resource submittal within the period set forth in subdivision (1) or (2), as applicable.

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

IC 8-1-7.9-22Petition for approval of project to serve large load customer; requirements for submission; financial assurances by large load customer; projects serving multiple locations or customers Sec. 22. (a) This section applies to an energy utility that petitions the commission for approval of a project to serve a large load customer.

(b) An energy utility may submit to the commission a petition for approval of a project to serve a large load customer only if the following are satisfied:

(1) The petition concerns serving the energy needs of a large load customer.

(2) The large load customer commits to significant and meaningful financial assurances that must:

(A) include reimbursement by the large load customer of at least eighty percent (80%) of the project costs reasonably allocable to the large load customer; and

(B) afford protections for the energy utility's existing and future customers from project costs reasonably allocable to the large load customer regardless of whether the large load customer ultimately takes service in the anticipated amount and within the anticipated time frame.

(3) At least thirty (30) days before the energy utility's submission of the petition to the commission, the energy utility held at least one (1) pre-filing meeting with:

(A) the corporation;

(B) the office;

(C) the office of utility consumer counselor;

(D) the appropriate regional transmission organization; and

(E) the large load customer;

to review the project.

(c) An energy utility may petition the commission for approval of a project to serve:

(1) one (1) or more large load customers at one (1) or more locations; or

(2) not more than four (4) customers whose aggregate demand satisfies the amount set forth in section 10(1) of this chapter.

In any case in which more than one (1) large load customer is to be served by a project, a reference in this chapter to one (1) large load customer is a reference to all large load customers to be served by the project, in accordance with IC 1-1-4-1(3).

(d) In submitting a petition to the commission under this section, an energy utility must demonstrate that the large load customer and the associated projects meet the requirements of this chapter.

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

IC 8-1-7.9-23Petition for approval of project to serve large load customer; required information; case in chief; notice of filing Sec. 23. (a) This section applies to an energy utility that petitions the commission for approval of a project to serve a large load customer.

(b) In a petition under this section, an energy utility must include, at a minimum, the following:

(1) The energy utility's complete case in chief, which must include, at a minimum, the following:

(A) An agreement from the large load customer that describes the financial assurances:

(i) that afford protections for the energy utility's existing and future customers; and

(ii) to which the large load customer has committed regardless of whether the large load customer ultimately takes service in the anticipated amount and within the anticipated time frame.

(B) A description of:

(i) the demand side management and self-generation options reviewed with the large load customer; and

(ii) the investments the large load customer will undertake to reasonably minimize the amount of incremental and other costs incurred by the energy utility.

(C) A description of how the energy utility considered implementing grid enhancing technologies to defer or minimize the need for additional investment in generation.

(D) A description of how the energy utility may provide for the requisite amount of electricity needed by the large load customer, including the estimated project costs.

(E) A description of how the expected project solution will support the provision of electric utility service with the attributes set forth in IC 8-1-2-0.6, including:

(i) reliability;

(ii) affordability;

(iii) resiliency;

(iv) stability; and

(v) environmental sustainability.

(F) A description of how the expected project solution and its implementation, if approved by the commission, reasonably protects existing and future customers and is consistent with:

(i) the provision of safe, reliable, and affordable electric utility service; and

(ii) economical rates.

(G) A description of the changes that the energy utility will make to the energy utility's:

(i) submissions under IC 8-1-8.5; or

(ii) filings under IC 8-1-39;

or both, that are necessary to update the energy utility's plans under those statutes to incorporate the project.

(H) Information concerning each:

(i) large load customer; and

(ii) economic development project;

included in the petition.

(I) A letter to the energy utility from the corporation supporting the petition's request.

(J) A letter to the energy utility from the office certifying that a pre-filing meeting took place and that at the meeting:

(i) the large load customer's proposed project; and

(ii) the expected project solution proposed by the energy utility;

were adequately discussed.

(K) A description of the communications and information sharing that:

(i) took place with the appropriate regional transmission organization before the pre-filing meeting described in clause (J); and

(ii) concerned the capacity and energy needs of each large load customer included in the petition.

(L) A proposed order for the petition.

(2) A copy of a notice of filing with:

(A) the corporation;

(B) the office;

(C) the office of utility consumer counselor; and

(D) the appropriate regional transmission organization.

A notice that is delivered electronically to the parties set forth in this subdivision satisfies the notice requirement under this subdivision.

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

IC 8-1-7.9-24Petition for approval of project to serve large load customer; commission's final order; time frame for issuance; reasonable risk premium; approval of acquisition of generation resource; required findings by commission; large load customer no longer requiring service; notice to commission; investigation; modification or revocation of order 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.

IC 8-1-7.9-25Commission's review of energy utility's estimated acquisition costs or project costs; recovery of costs Sec. 25. (a) The commission shall review an energy utility's:

(1) estimated acquisition costs submitted under section 20(c)(1)(D) of this chapter; or

(2) estimated project costs filed under section 23(b)(1)(D) of this chapter;

as applicable.

(b) If the commission approves, with or without modification, an energy utility's generation resource submittal or petition for approval of a project, the energy utility may recover:

(1) acquisition costs; or

(2) project costs;

as applicable, that have been reviewed and found reasonable by the commission, with a return at the energy utility's weighted average cost of capital.

(c) If the commission denies an energy utility's generation resource submittal or petition for approval of a project, the energy utility may recover planning costs that have been reviewed and found reasonable by the commission, without a return.

(d) Absent fraud, concealment, or gross mismanagement, an energy utility may recover:

(1) acquisition costs; or

(2) project costs;

as applicable, with a return at the energy utility's weighted average cost of capital, that the energy utility has incurred or contractually will incur in reliance on a commission order issued under this chapter.

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

IC 8-1-7.9-26Information filed or submitted; treatment as confidential; nondisclosure agreements; corporation's negotiations for economic development project; determination of increased energy demand; notice to affected energy utility; requests and incentives under other statutes; progress reports Sec. 26. (a) Upon request by an energy utility, the commission shall determine whether the information and related materials filed or submitted, or to be filed or submitted, by an energy utility under this chapter:

(1) are confidential under IC 5-14-3-4 or are trade secrets under IC 24-2-3;

(2) are exempt from public access and disclosure by Indiana law; and

(3) must be treated as confidential and protected from public access and disclosure by the commission.

(b) The parties to a pre-filing meeting under this chapter shall execute a nondisclosure agreement to review or discuss information or materials considered confidential under IC 5-14-3-4 or to be trade secrets under IC 24-2-3.

(c) If the corporation is in negotiations with an industrial, research, or commercial prospect about a potential economic development project and, based on communications related to those negotiations, determines that the potential economic development project for a new or expanded facility in Indiana may result in the economic development project requiring new or increased energy demand of at least twenty (20) megawatts, the corporation shall notify the affected energy utility not later than fifteen (15) days after making the determination. All communications of the corporation, including notice under this section to an affected energy utility, regarding a potential economic development project are considered confidential and exempt from disclosure under IC 5-14-3-4(b)(5). Upon the corporation's provision of the notice required by this subsection, any subsequent:

(1) meeting;

(2) pre-filing meeting;

(3) communications; or

(4) information sharing;

involving the corporation, the affected energy utility, or the industrial, research, or commercial prospect about a potential economic development project may be subject to a nondisclosure agreement with respect to information or materials considered confidential under IC 5-14-3-4 or to be trade secrets under IC 24-2-3.

(d) An energy utility may request, and the commission may approve, financial incentives under IC 8-1-8.8-11(a) for:

(1) an acquisition; or

(2) a project;

that qualifies as a clean energy project (as defined in IC 8-1-8.8-2).

(e) An energy utility may request that review of an arrangement under IC 8-1-2-24 and any related rates and charges under IC 8-1-2-25 that are:

(1) submitted with a generation resource submittal; or

(2) filed with a petition for a project;

under this chapter be reviewed and approved or denied by the commission not later than ninety (90) days after the date of submittal or filing, as applicable.

(f) Notwithstanding IC 8-1-8.5 or any other applicable statute, an energy utility may begin construction of an acquisition or a project before filing a petition or submittal under this chapter.

(g) The commission may require an energy utility to file with the commission progress reports and updates with respect to an acquisition or project under this chapter. Any required progress reports or updates under this subsection shall be made in a form and at a frequency that the commission determines to be reasonable.

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

IC 8-1-8Chapter 8. Condemnation by Utilities

8-1-8-1Limitations on power 8-1-8-2Repealed 8-1-8-3Construction of chapter