Section 170IAC4-6-2. Application

   A utility that intends to commence construction of qualified pollution control property at one (1) or more of its electric generating facilities, and intends to add to the value of its property the value of the qualified pollution control property under construction as provided in this rule, shall request the commission's approval of the use of the qualified pollution control property before commencing construction. The utility is not required to request such commission approval if:

(1) the utility has a valid certificate of public convenience and necessity authorizing the utility to use clean coal technology at the facilities under IC 8-1-8.7 or has an application for such a certificate pending before the commission;

(2) the utility has a valid certificate of public convenience and necessity to construct, purchase, or lease a facility that will incorporate one (1) or more air pollution control devices under IC 8-1-8.5 or has an application for such a certificate pending before the commission; or

(3) the utility's proposed use of qualified pollution control property is part of the utility's environmental compliance plan, as defined at IC 8-1-27-3, that has received and continues to possess commission approval under IC 8-1-27, or that is pending before the commission.

(Indiana Utility Regulatory Commission; 170 IAC 4-6-2; filed Oct 5, 1993, 5:00 p.m.: 17 IR 176; readopted filed Jul 11, 2001, 4:30 p.m.: 24 IR 4233; readopted filed Apr 24, 2007, 8:21 a.m.: 20070509-IR-170070147RFA; readopted filed Aug 2, 2013, 2:16 p.m.: 20130828-IR-170130227RFA)