Sec. 11. (a) The extension, construction, addition, or improvement of the plant and equipment of a public utility that is installed to provide gas or electric service to a targeted economic development project is used and useful in the public service.

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Terms Used In Indiana Code 8-1-39-11

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • public utility: means :

    Indiana Code 8-1-39-4

  • targeted economic development project: means a project approved by the commission under section 10(c) of this chapter. See Indiana Code 8-1-39-5
  • TDSIC: refers to a transmission, distribution, and storage system improvement charge. See Indiana Code 8-1-39-6
  • TDSIC costs: means the following costs incurred with respect to eligible transmission, distribution, and storage system improvements incurred both while the improvements are under construction and post in service:

    Indiana Code 8-1-39-7

  • TDSIC revenues: means revenues produced through a TDSIC and excluding revenues from all other rates and charges. See Indiana Code 8-1-39-8
  • Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
     (b) A public utility shall apply to the Indiana economic development corporation for approval to treat costs associated with a targeted economic development project as TDSIC costs. Costs approved by the Indiana economic development corporation shall be treated as TDSIC costs and may be recovered through a TDSIC under section 12 of this chapter. The TDSIC revenues associated with a targeted economic development project shall not be included in a public utility’s total retail revenues for purposes of determining an aggregate increase under section 14 of this chapter.

     (c) Notwithstanding any law or rule governing extension of service, a public utility that provides gas service may, on a nondiscriminatory basis, extend service in rural areas without a deposit or other adequate assurance of performance from the customer, to the extent that the extension of service results in a positive contribution to the utility’s overall cost of service over a twenty (20) year period. However, if the public utility determines that the extension of service to a targeted economic development project will not result in a positive contribution to the utility’s overall cost of service over a twenty (20) year period, the public utility may require a deposit or other adequate assurance of performance from:

(1) the developer of the targeted economic development project; or

(2) a local, regional, or state economic development organization.

As added by P.L.133-2013, SEC.5. Amended by P.L.89-2019, SEC.5.

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