The total capacity of the batteries contained within a single enclosure in:

1. (1) a utility scale battery energy storage system installation of which is subject to department approval under section 4(a)(1) of this chapter; or

2. (2) an installation added to an existing utility scale battery energy storage system in an expansion for which department approval is required under section 4(a)(2) of this chapter;

   may not exceed ten (10) megawatt hours unless authorized under rules adopted by the commission under this chapter.

As added by P.L.217-2023, SEC.1.