IC 8-1-39-11: Extension of gas or electric service to targeted economic development project; approval by Indiana economic development corporation of costs as TDSIC costs; rural gas service

Sec. 11. (a) The extension, construction, addition, or improvement of the plant and equipment of a public utility that is installed to provide gas or electric service to a targeted economic development project is used and useful in the public service.

(b) A public utility shall apply to the Indiana economic development corporation for approval to treat costs associated with a targeted economic development project as TDSIC costs. Costs approved by the Indiana economic development corporation shall be treated as TDSIC costs and may be recovered through a TDSIC under section 12 of this chapter. The TDSIC revenues associated with a targeted economic development project shall not be included in a public utility's total retail revenues for purposes of determining an aggregate increase under section 14 of this chapter.

(c) Notwithstanding any law or rule governing extension of service, a public utility that provides gas service may, on a nondiscriminatory basis, extend service in rural areas without a deposit or other adequate assurance of performance from the customer, to the extent that the extension of service results in a positive contribution to the utility's overall cost of service over a twenty (20) year period. However, if the public utility determines that the extension of service to a targeted economic development project will not result in a positive contribution to the utility's overall cost of service over a twenty (20) year period, the public utility may require a deposit or other adequate assurance of performance from:

(1) the developer of the targeted economic development project; or

(2) a local, regional, or state economic development organization.