Sec. 12. (a) Beginning in 2009, not later than August 1 of each year, a corporation may apply to the office to have access to a percentage of the total funds that are, as of July 1 of the year, in the account established for the corporation under section 11 of this chapter, as follows:

(1) A corporation may have access to not more than forty percent (40%) of the total funds in the corporation’s account if the corporation certifies to the office that alternative energy projects accounted for five percent (5%) or less of the corporation’s total sales from the provision of retail energy service during the preceding calendar year.

(2) A corporation may have access to not more than seventy percent (70%) of the total funds in the corporation’s account if the corporation certifies to the office that alternative energy projects accounted for:

(A) more than five percent (5%); and

(B) not more than ten percent (10%);

of the corporation’s total sales from the provision of retail energy service during the preceding calendar year.

(3) A corporation may have access to one hundred percent (100%) of the total funds in the corporation’s account if the corporation certifies to the office that:

(A) alternative energy projects accounted for at least ten percent (10%) of the corporation’s total sales from the provision of retail energy service during the preceding calendar year;

(B) at least fifty percent (50%) of the sales attributed to alternative energy projects under clause (A) were made to Indiana customers; and

(C) at least fifty percent (50%) of the alternative energy projects that:

(i) under clause (A) accounted for at least ten percent (10%) of the corporation’s total sales from the provision of retail energy service during the preceding calendar year; and

(ii) are energy production or generating facilities;

are located in Indiana.

     (b) A corporation that seeks access to a percentage of the total funds in the corporation’s account under subsection (a) shall submit:

(1) an application to the office on a form prescribed by the office; and

(2) any documentation required by the office to support the corporation’s certification of the percentage of its total sales from the provision of retail energy service that is attributable to alternative energy projects during the preceding calendar year.

An application submitted under this section must be signed under penalty of perjury by an officer of the corporation or another person authorized to bind the corporation.

     (c) The application form prescribed by the office and described in subsection (b)(1) must require the applicant to identify:

(1) each planned or existing alternative energy project in which the applicant plans to invest money drawn from the applicant’s account under this section;

(2) the amount of money the applicant plans to invest in each alternative energy project identified under subdivision (1); and

(3) any other corporations, cooperatively owned power suppliers, or other persons that have invested or will invest money in each alternative energy project identified under subdivision (1), to the extent known by the applicant.

     (d) Upon receiving an application and any supporting documents from a corporation under subsection (b), the office shall review the application and documents for accuracy and completeness. If the office determines that the application and documents are accurate, complete, and properly verified, the office shall notify the corporation as soon as practicable, but in any case not later than thirty (30) days after the date of the corporation’s application, that the corporation may have access to the percentage of funds for which the corporation qualifies under subsection (a). If the office determines that the application and documents are inaccurate or incomplete, or are not properly verified, the office shall immediately notify the corporation of any additional information or verifications required. If there is disagreement between a corporation and the office about:

(1) the accuracy or completeness of an application or any documents submitted in conjunction with an application; or

(2) the determination of, or the method used to determine, the percentage of a corporation’s total sales from the provision of retail energy service that is attributable to alternative energy projects;

the corporation may request a hearing or any other procedure for resolving disputes established by the office in rules adopted under section 15 of this chapter.

     (e) A corporation may receive the percentage of funds for which it qualifies under subsection (a) for a particular year in one (1) or more installments. However, any money received by a corporation under this section may be used only for one (1) or more alternative energy projects in accordance with section 14 of this chapter.

As added by P.L.151-2009, SEC.5.