2013 Indiana Code TITLE 8. UTILITIES AND TRANSPORTATION ARTICLE 1. UTILITIES GENERALLY CHAPTER 38. TRANSMISSION RELIABILITY
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IC 8-1-38
Chapter 38. Transmission Reliability
IC 8-1-38-1
"Electric transmission facility"
Sec. 1. As used in this chapter, "electric transmission facility"
means a high voltage transmission line with a rating of at least one
hundred (100) kilovolts and related transmission facilities and
controls.
As added by P.L.174-2013, SEC.1.
IC 8-1-38-2
"Incumbent electric transmission owner"
Sec. 2. As used in this chapter, "incumbent electric transmission
owner" means a public utility that owns, operates, and maintains an
electric transmission facility in whole or in part in Indiana.
As added by P.L.174-2013, SEC.1.
IC 8-1-38-3
"Local reliability electric transmission facility"
Sec. 3. (a) As used in this chapter, "local reliability electric
transmission facility" means an electric transmission facility located
in whole or in part in Indiana that is required by a regional
transmission organization to satisfy the reliability standards of the
North American Electric Reliability Corporation, a regional
reliability organization, or a successor corporation or organization.
If the electricity transmission facility is located in the territory of the
PJM Interconnection regional transmission organization territory, or
its successor organization, its rating must be:
(1) at least one hundred (100) kilovolts; and
(2) not more than three hundred (300) kilovolts.
(b) The term does not include an electric transmission facility to
the extent the facility is required by a regional transmission
organization primarily to address nonreliability drivers.
As added by P.L.174-2013, SEC.1.
IC 8-1-38-4
"New electric transmission owner"
Sec. 4. As used in this chapter, "new electric transmission owner"
means a corporation, company, partnership, limited liability
company, or other organization that:
(1) on the date of its incorporation or organization, does not
own, operate, or maintain an electric transmission facility
located in whole or in part in Indiana; and
(2) is incorporated or organized to construct, own, operate, and
maintain an electric transmission facility located in whole or in
part in Indiana.
As added by P.L.174-2013, SEC.1.
IC 8-1-38-5
"Public utility"
Sec. 5. As used in this chapter, "public utility" has the meaning set
forth in IC 8-1-8.5-1.
As added by P.L.174-2013, SEC.1.
IC 8-1-38-6
"Regional transmission organization"
Sec. 6. As used in this chapter, "regional transmission
organization" refers to a regional transmission organization approved
by the Federal Energy Regulatory Commission.
As added by P.L.174-2013, SEC.1.
IC 8-1-38-7
Authority to operate; findings
Sec. 7. (a) The commission shall grant a new electric transmission
owner authority to operate as a public utility in Indiana if the
commission makes the following findings:
(1) The new electric transmission owner has the financial,
managerial, and technical capability to construct, own, operate,
and maintain an electric transmission facility.
(2) The new electric transmission owner has the ability and
intent to comply with all statutes, rules, and regulations
enforced by the commission.
(3) The new electric transmission owner has the intent to
construct, own, operate, and maintain an electric transmission
facility that is under consideration by an applicable regional
transmission organization.
(4) The new electric transmission owner has provided written
notice of its request for authority under this section to each
incumbent electric transmission owner that may connect its
existing electric transmission facility to the new electric
transmission facility of the new electric transmission owner.
(b) In making findings under subsection (a), the commission may
consider the creditworthiness of the new electric transmission owner,
including:
(1) the new electric transmission owner's investment grade
rating;
(2) guarantees of a parent company of the new electric
transmission owner that has an investment grade rating;
(3) a bank reference letter or bonding commitment on behalf of
the new electric transmission owner;
(4) the authority of the new electric transmission owner to
directly set rates or impose taxes; and
(5) the capability of the new electric transmission owner to
meet its financial obligations if it abandons the new electric
transmission facility after its construction.
As added by P.L.174-2013, SEC.1.
IC 8-1-38-8
Notice of construction
Sec. 8. A new electric transmission owner shall notify the
commission in a timely manner of the dates on which construction of
the new electric transmission facility began and was completed.
As added by P.L.174-2013, SEC.1.
IC 8-1-38-9
Right of first refusal
Sec. 9. (a) An incumbent electric transmission owner has the right
to construct, own, operate, and maintain the following:
(1) A local reliability electric transmission facility that connects
to an electric transmission facility owned by the incumbent
electric transmission owner.
(2) Upgrades to an existing electric transmission facility owned
by the incumbent electric transmission owner.
(b) The right to construct, own, operate, and maintain a local
reliability facility that connects to electric transmission facilities
owned by two (2) or more incumbent electric transmission owners
belongs individually and proportionately to each incumbent electric
transmission owner, unless the incumbent electric transmission
owners otherwise agree in writing.
As added by P.L.174-2013, SEC.1.
IC 8-1-38-10
Contract between incumbent and new electric transmission
owners; jurisdiction of commission
Sec. 10. (a) An incumbent electric transmission owner may enter
into a contract with a new electric transmission owner that proposes
to connect a new electric transmission facility to the electric
transmission facility of the incumbent electric transmission owner.
The contract may assign responsibility for:
(1) maintenance and upgrades; and
(2) reliability compliance;
with respect to the new electric transmission facility.
(b) The commission has jurisdiction to resolve a dispute arising
under a contract described in subsection (a).
As added by P.L.174-2013, SEC.1.
IC 8-1-38-11
Existing property rights
Sec. 11. This chapter does not affect an incumbent electric
transmission owner's use and control of existing property rights.
As added by P.L.174-2013, SEC.1.
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