Sec. 7. (a) The commission shall grant a new electric transmission owner authority to operate as a public utility in Indiana if the commission makes the following findings:

(1) The new electric transmission owner has the financial, managerial, and technical capability to construct, own, operate, and maintain an electric transmission facility.

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Terms Used In Indiana Code 8-1-38-7

  • commission: refers to the Indiana utility regulatory commission. See Indiana Code 8-1-1-1
  • electric transmission facility: means a high voltage transmission line with a rating of at least one hundred (100) kilovolts and related transmission facilities and controls. See Indiana Code 8-1-38-1
  • incumbent electric transmission owner: means a public utility that owns, operates, and maintains an electric transmission facility in whole or in part in Indiana. See Indiana Code 8-1-38-2
  • new electric transmission owner: means a corporation, company, partnership, limited liability company, or other organization that:

    Indiana Code 8-1-38-4

  • public utility: has the meaning set forth in Indiana Code 8-1-38-5
  • regional transmission organization: refers to a regional transmission organization approved by the Federal Energy Regulatory Commission. See Indiana Code 8-1-38-6
(2) The new electric transmission owner has the ability and intent to comply with all statutes, rules, and regulations enforced by the commission.

(3) The new electric transmission owner has the intent to construct, own, operate, and maintain an electric transmission facility that is under consideration by an applicable regional transmission organization.

(4) The new electric transmission owner has provided written notice of its request for authority under this section to each incumbent electric transmission owner that may connect its existing electric transmission facility to the new electric transmission facility of the new electric transmission owner.

     (b) In making findings under subsection (a), the commission may consider the creditworthiness of the new electric transmission owner, including:

(1) the new electric transmission owner’s investment grade rating;

(2) guarantees of a parent company of the new electric transmission owner that has an investment grade rating;

(3) a bank reference letter or bonding commitment on behalf of the new electric transmission owner;

(4) the authority of the new electric transmission owner to directly set rates or impose taxes; and

(5) the capability of the new electric transmission owner to meet its financial obligations if it abandons the new electric transmission facility after its construction.

As added by P.L.174-2013, SEC.1.

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