Section 170IAC17.1-4-3. Commission approval

   (a) The commission shall approve an electricity supplier's participation in the CHOICE program if the commission finds that:

(1) the electricity supplier's program application is:

(A) complete; and

(B) reasonably complies with:

(i) this article; and

(ii) IC 8-1-37;

(2) the electricity supplier submitting the application has demonstrated that the electricity supplier has a reasonable expectation of meeting the goal for CPS goal period III, as provided in Rule 3, section 3 of this article [sic]; and

(3) approving the application will not result in an increase to the retail rates and charges of the electricity supplier above what could reasonably be expected if the application were not approved.

  (b) If the electricity supplier has requested CHOICE incentives for meeting one (1) or more CPS goals, the commission shall also determine, pursuant to IC 8-1-37-13(b):

(1) whether the CHOICE incentives should be approved; and

(2) if so, in what amount.

  (c) In making the determinations in subsections (a) and (b), the commission may also consider other factors it deems relevant.

  (d) In making the determination in subsection (b), the awarding of CHOICE incentives shall exclude the contribution toward reaching the CPS goals of clean energy resources:

(1) that were:

(A) in service;

(B) purchased; or

(C) contracted for;

prior to the effective date of the CHOICE program; or

(2) for which incentives have already been approved or granted by the commission.

  (e) Upon approval of the electricity supplier's participation in the CHOICE program:

(1) if the electricity supplier has requested a periodic rate adjustment mechanism to recover the costs of participating in the CHOICE program, the commission shall approve recovery of costs through a periodic rate adjustment mechanism, the details of which shall be outlined in the commission's approval order and which mechanism shall start upon the date of the commission's approval order; and

(2) if the electricity supplier has requested a CHOICE incentive, the commission shall include in its approval order a determination regarding whether the commission is approving the CHOICE incentive and the amount of CHOICE incentive, which the participating electricity supplier shall receive upon:

(A) meeting a CPS goal; and

(B) approval of an incentive application with the commission that:

(i) is complete; and

(ii) contains sufficient supporting documentation.

(Indiana Utility Regulatory Commission; 170 IAC 17.1-4-3; filed Jul 9, 2012, 3:01 p.m.: 20120808-IR-170120097FRA)