Authority: IC 8-1-2-6.6

Affected: IC 8-1-8.5; IC 8-1-8.7; IC 8-1-27

Sec. 5. After a utility has received the commission's approval for the use of qualified pollution control property in the utility's coal burning generating facilities as provided in sections 3 and 4 of this rule, the utility shall seek the commission's approval for the modified use of the qualified pollution control property where:

1. (1) the utility has added to the value of its property the value of the qualified pollution control property under construction for ratemaking purposes as provided in this rule; and
2. (2) the utility reasonably anticipates that it will use less Indiana coal as the primary fuel in its facilities after the qualified pollution control property becomes fully operational than the utility had anticipated when the commission approved the use of qualified pollution control property in the facilities.

(Indiana Utility Regulatory Commission; 170 IAC 4-6-5; filed Oct 5, 1993, 5:00 p.m.: 17 IR 176; readopted filed Jul 11, 2001, 4:30 p.m.: 24 IR 4233; readopted filed Apr 24, 2007, 8:21 a.m.: 20070509-IR-170070147RFA; readopted filed Aug 2, 2013, 2:16 p.m.: 20130828-IR-170130227RFA; readopted filed Apr 11, 2019, 9:04 a.m.: 20190508-IR-170190136RFA; readopted filed Sep 12, 2025, 11:43 a.m.: 20251001-IR-170240381RFA)