Section 8-1-37-11 - Application to program; review by the commission(a) An electricity supplier that seeks to participate in the program established by the commission under section 10 of this chapter must apply to the commission: (1) in the manner and on a form prescribed by the commission; and(2) not later than a date specified by the commission in the rules adopted under section 10 of this chapter; for approval to participate in the program.
(b) Upon receiving an application under subsection (a), the commission shall review the application for completeness. The commission may request additional information the commission considers necessary to aid in the commission's review.(c) If the commission determines that: (1) an application submitted under subsection (a) is complete and reasonably complies with the purpose of this chapter;(2) the electricity supplier submitting the application has demonstrated that the electricity supplier has a reasonable expectation of obtaining clean energy to meet the energy requirements of its Indiana retail electric customers during the calendar year ending December 31, 2025, in an amount equal to at least ten percent (10%) of the total electricity supplied by the participating electricity supplier to its Indiana retail electric customers during the base year, as set forth in section 12(a)(3) of this chapter; 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; the commission shall approve the application. If, however, the commission determines that the application does not meet the requirements set forth in this subsection, the commission shall reject the application. The electricity supplier that submitted the application under subsection (a) bears the burden of proving to the commission that the application meets the requirements set forth in this subsection.
Added by P.L. 150-2011, SEC. 16, eff. 5/10/2011.