Indiana Code 8-1-8.8-11. Incentives for clean energy projects; application to commission; commission’s time for determining eligibility
(1) The timely recovery of costs and expenses incurred during construction and operation of projects described in section 2(1), 2(2), or 2(5) of this chapter. The commission may not approve a financial incentive under this subdivision unless the commission finds that the eligible business has demonstrated that the timely recovery of costs and expenses incurred during the construction and operation of the project:
Terms Used In Indiana Code 8-1-8.8-11
- clean energy projects: means any of the following:
Indiana Code 8-1-8.8-2
- coal gasification facility: means a facility in Indiana that uses a manufacturing process that converts coal into a clean gas that can be used:
Indiana Code 8-1-8.8-4
- commission: refers to the Indiana utility regulatory commission. See Indiana Code 8-1-1-1
- eligible business: means a business that is an energy utility (as defined in Indiana Code 8-1-8.8-6
- nuclear energy production or generating facility: means :
Indiana Code 8-1-8.8-8.5
- renewable energy resource: means the following:
Indiana Code 8-1-8.8-10
(B) in the case of construction financing costs, will result in a gross financing costs savings over the life of the project.
(2) Financial incentives for the purchase of fuels or energy produced by a coal gasification facility or by a nuclear energy production or generating facility, including cost recovery.
(3) Financial incentives for projects to develop alternative energy sources, including renewable energy resource projects or coal gasification facilities.
(4) Other financial incentives the commission considers appropriate.
(b) An eligible business must file an application to the commission for approval of a clean energy project under this section. This chapter does not relieve an eligible business of the duty to obtain any certificate required under IC 8-1-8.5 or IC 8-1-8.7. An eligible business seeking a certificate under IC 8-1-8.5 or IC 8-1-8.7 and this chapter for one (1) project may file a single application for all necessary certificates. If a single application is filed, the commission shall consider all necessary certificates at the same time.
(c) The commission shall promptly review an application filed under this section for completeness. The commission may request additional information the commission considers necessary to aid in its review.
(d) The commission shall, after notice and hearing, issue a determination of a project’s eligibility for the financial incentives described in subsection (a) not later than:
(1) one hundred twenty (120) days after the date of the application; or
(2) the time frame set forth in IC 8-1-8.5-5(b) if a certificate under IC 8-1-8.5 is required for the project;
unless the commission finds that the applicant has not cooperated fully in the proceeding.
As added by P.L.159-2002, SEC.6. Amended by P.L.150-2011, SEC.11; P.L.83-2023, SEC.5.