Ind. Code § 4-4-11.6-14.5 – Approval, rejection, or modification of purchase contract by commission; findings; final order; expedited appeal; adoption of rules by commission

(a) This section applies if an opinion by a court of appeal that does not affirm the 2011 order in its entirety is certified under Rule 65 of the Indiana Rules of Appellate Procedure.
(b) After notice and a hearing, the commission may approve, reject, or, before approval, require modification of a purchase contract submitted to the commission under section 14(b)(1) of this chapter if the commission finds that such action is in the public interest. The commission shall consider the following before finding that an action under this subsection is in the public interest:
1. (1) Whether the purchase contract is structured in a way that lessens the impact of any price volatility in the natural gas market on retail end use customers.
2. (2) Whether the assumptions underlying the model used to calculate the purchase price of SNG under the purchase contract, including assumptions about the future price of natural gas and coal and the value of future byproducts of the coal gasification facility, adequately apportion financial risk between the SNG producer and retail end use customers.
3. (3) The findings of any study conducted by the commission on the natural gas market and reported to the general assembly.
4. (4) Whether a purchase contract allows retail end use customers to realize savings during the term of the purchase contract at intervals established by the commission.
5. (5) Any other factors the commission considers necessary.
  The commission shall issue a final order not more than one hundred eighty (180) business days after the date on which the authority submits the purchase contract to the commission under section 14(b)(1) of this chapter.
(c) A party that seeks to appeal an order issued under subsection (b) shall do so only through an expedited direct appeal to the Indiana supreme court under rules to be adopted by the Indiana supreme court.
(d) The commission may adopt rules under IC 4-22-2 to carry out the requirements of this section. A rule adopted under this subsection must establish filing and other procedural deadlines for all parties to a hearing under subsection (b).

As added by P.L.228-2013, SEC.6.