Indiana Code
Chapter 27. Environmental Compliance Plans
8-1-27-8. Order Approving Plan; Conditions

Sec. 8. The commission shall issue an order approving an environmental compliance plan if the commission:
(1) finds that the environmental compliance plan:
(A) is reasonably designed to meet or exceed the applicable requirements of the Clean Air Act Amendments of 1990;
(B) constitutes a reasonable and least cost strategy over the life of the investment consistent with providing reliable, efficient, and economical electrical service;
(C) is in the public interest; and
(D) either:
(i) provides for continued or increased use of Indiana coal in the coal-consuming electric generating units owned or operated by the public utility and affected by the Clean Air Act Amendments of 1990; or
(ii) if the plan does not provide for continued or increased use of Indiana coal, such nonprovision is justified by economic considerations including the effects in the regions of Indiana in which the mining of coal provides employment and in the service territory of the public utility; and
(2) approves the cost and schedule estimate for developing and implementing the environmental compliance plan.
As added by P.L.76-1991, SEC.1.

Structure Indiana Code

Indiana Code

Title 8. Utilities and Transportation

Article 1. Utilities Generally

Chapter 27. Environmental Compliance Plans

8-1-27-1. "Clean Air Act" Defined

8-1-27-2. "Clean Air Act Amendments of 1990" Defined

8-1-27-3. "Environmental Compliance Plan" Defined

8-1-27-4. "Indiana Coal" Defined

8-1-27-5. "Public Utility" Defined

8-1-27-5.5. "Change of Fuel Type" Defined

8-1-27-6. Environmental Compliance Plan; Required Information

8-1-27-7. Public Hearing on Plan; Notice

8-1-27-8. Order Approving Plan; Conditions

8-1-27-9. Rejection of Plan; Modified Plan; Withdrawal of Plan Without Prejudice

8-1-27-10. Submission of Plan to Government Environmental Agency; Conflicts

8-1-27-11. Modification of Previously Approved Plan; Review by Commission

8-1-27-12. Recovery of Costs by Public Utility for Capital Projects or Implemented Plan

8-1-27-13. Revised Cost and Schedule Estimate for Developing and Implementing Plan; Submission to Commission

8-1-27-14. Plan Exceeding Clean Air Act Amendments of 1990 Requirements; Credits or Additional Benefits

8-1-27-15. General Rate Proceedings; Consideration of Change in Risk to Utility Following Approval of Plan

8-1-27-16. Utility's Recovery of Expenditures Due to Plan Modification

8-1-27-17. Recovery of Costs Incurred by Utility in Implementing Measure Set Forth in Plan but Disapproved by Commission Upon Review

8-1-27-18. Review of Plan by Commission; Withdrawal of Approval or Modification of Plan

8-1-27-19. Ongoing Review of Cost and Implementation of Plan; Progress Report; Recovery of Costs; Approval or Disapproval by Commission; Effect

8-1-27-20. Annual Plan Review; Compliance With Ic 8-1-27-8

8-1-27-21. Repealed

8-1-27-22. Contract for Sale and Purchase of Coal; Effect of Chapter

8-1-27-23. Voluntary Nature of Chapter Procedures