Current through September 18, 2024
Authority: IC
8-1-1-3;
IC 8-1-37
Affected: IC 8-1-37
Sec. 3.
(a) The
commission shall approve an electricity supplier's participation in the CHOICE
program if the commission finds that:
(1) the
electricity supplier's program application is:
(A) complete; and
(B) reasonably complies with:
(i) this article; and
(ii) IC 8-1-37;
(2) the electricity supplier
submitting the application has demonstrated that the electricity supplier has a
reasonable expectation of meeting the goal for CPS goal period III, as provided
in Rule 3, section 3 of this article [sic]; 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.
(b) If the
electricity supplier has requested CHOICE incentives for meeting one (1) or
more CPS goals, the commission shall also determine, pursuant to IC
8-1-37-13(b):
(1) whether the CHOICE incentives should be
approved; and
(2) if so, in what
amount.
(c) In making
the determinations in subsections (a) and (b), the commission may also consider
other factors it deems relevant.
(d) In making the determination in subsection
(b), the awarding of CHOICE incentives shall exclude the contribution toward
reaching the CPS goals of clean energy resources:
(1) that were:
(A) in service;
(B) purchased; or
(C) contracted for;
prior to the effective date of the CHOICE program; or
(2) for which
incentives have already been approved or granted by the commission.
(e) Upon approval of the
electricity supplier's participation in the CHOICE program:
(1) if the electricity supplier has requested
a periodic rate adjustment mechanism to recover the costs of participating in
the CHOICE program, the commission shall approve recovery of costs through a
periodic rate adjustment mechanism, the details of which shall be outlined in
the commission's approval order and which mechanism shall start upon the date
of the commission's approval order; and
(2) if the electricity supplier has requested
a CHOICE incentive, the commission shall include in its approval order a
determination regarding whether the commission is approving the CHOICE
incentive and the amount of CHOICE incentive, which the participating
electricity supplier shall receive upon:
(A)
meeting a CPS goal; and
(B)
approval of an incentive application with the commission that:
(i) is complete; and
(ii) contains sufficient supporting
documentation.
