Authority: IC 8-1-1-3; IC 8-1-8.5-12.1

Affected: IC 8-1-8.5-4; IC 8-1-8.5-5

Sec. 5. (a) A public utility seeking to construct, purchase, lease, or otherwise own or operate an SMR must first get a CPCN from the commission under IC 8-1-8.5.

(b) As part of its case-in-chief, and in addition to the evidence required to support the CPCN factors listed in IC 8-1-8.5-4 and IC 8-1-8.5-5, a public utility must provide evidence regarding the following:

1. (1) Whether, and to what extent, at least one (1) of the SMRs proposed by the public utility will replace a loss of generating capacity in the public utility's portfolio resulting from the retirement or planned retirement of at least one (1) of the public utility's existing electric generating facilities:

   1. (A) located in Indiana; and
   2. (B) using coal or natural gas as a fuel source.

2. (2) Whether at least one (1) of the SMRs that will replace an existing facility will be located on the same site as or near the existing facility and, if so, potential opportunities for the public utility to:

   1. (A) make use of any land and existing infrastructure or facilities already owned or under the control of the public utility; or
   2. (B) create new employment opportunities for workers who have been, or would be, displaced as a result of the retirement of the existing facility.

3. (3) Its plan to apply for the licenses or permits to construct or operate the proposed SMR as may be required by:

   1. (A) the NRC;
   2. (B) the Indiana department of environmental management;
   3. (C) any other relevant state or federal regulatory agency with jurisdiction over constructing or operating nuclear generating facilities; or
   4. (D) the locality in which the proposed SMR is planned.
4. (4) Its plan for education and community outreach regarding the proposed SMR.
5. (5) Additional guidelines that may be provided in a general administrative order issued by the commission.

(c) The commission may grant a CPCN under circumstances and for locations other than those described in subdivision (b)(1) and (b)(2).

(Indiana Utility Regulatory Commission; 170 IAC 4-11-5; emergency rule filed Jun 15, 2023, 10:24 a.m.: 20230628-IR-170230500ERA; filed Aug 6, 2024, 12:23 p.m.: 20240904-IR-170240091FRA)