Section 170IAC4-6-7. Qualified pollution control property use; approval modification

   The commission shall approve a utility's modified use of qualified pollution control property at a coal burning electric generating facility, after notice and hearing, if the commission finds:

(1) the estimated costs of construction and installation of the proposed air pollution control devices are reasonable and should be approved by the commission;

(2) the facility to be equipped with one (1) or more air pollution control devices will reduce its use of Indiana coal as its primary fuel after the device or devices are fully operational, and the utility is justified in reducing the use of Indiana coal because of:

(A) governmental requirements, including:

(i) federal or state environmental protection laws, rules, or regulations;

(ii) approved environmental compliance plan requirements; or

(iii) other governmental requirements reasonably found by the commission; or

(B) economic considerations, including:

(i) the minimization of total electric power and energy generation costs by the utility's system where the total costs:

(AA) account for the maintenance of acceptable levels of reliability in the utility's system;

(BB) include reasonably anticipated utility costs for environmental compliance at the utility's coal burning generating facilities that will be equipped with air pollution control devices;

(CC) are estimated through reasonable methods and assumptions over a time period that the utility utilizes for ascertaining its future long term electric power and energy demand and supply requirements; and

(DD) are measured in present value dollars as of the time of the proceedings before the commission on the request for modified approval; and

(ii) other economic considerations reasonably specified by the commission; and

(3) the utility still has a valid certificate under IC 8-1-8.5 or IC 8-1-8.7, or the utility's environmental compliance plan still has commission approval under IC 8-1-27, if the use of the qualified pollution control property was originally deemed approved under section 3 of this rule as part of a proceeding under IC 8-1-8.5, IC 8-1-8.7, or IC 8-1-27.

(Indiana Utility Regulatory Commission; 170 IAC 4-6-7; filed Oct 5, 1993, 5:00 p.m.: 17 IR 177; 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)