Section 170IAC4-6-3. Deemed approved

   The use of qualified pollution control property by a utility at one (1) or more of its electric generating facilities shall be deemed approved by the commission 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;

(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

(3) the utility's proposed use of qualified pollution control property is part of the utility's environmental compliance plan for which the utility has received and continues to possess commission approval under IC 8-1-27.

(Indiana Utility Regulatory Commission; 170 IAC 4-6-3; 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)