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

Affected: IC 5-14-3; IC 8-1-2-29; IC 8-1-2.2; IC 8-1-8.5; IC 8-1.5

Sec. 3. (a) This section does not apply to a request for extension of time under sections 2(b), 2.2(e), and 2.2(h) of this rule.

(b) A utility may request a variance from a provision of this rule for good cause.

(c) As follows, a request under this section shall:

1. (1) Describe the situation that necessitates the variance.
2. (2) Identify the provision of this rule for which the variance is requested.
3. (3) Explain the difference between a denial and an acceptance of the requested variance on the utility, its customers, and interested parties in the public advisory.
4. (4) Explain how the variance is expected to aid the implementation of this rule.
5. (5) Be submitted in sufficient time so that the IRP submittal schedule shall not be adversely affected.

(d) The director shall respond in writing regarding acceptance or denial of a request under this section within fifteen (15) calendar days. The request shall not be unreasonably denied, and denials shall include the reason for the denial. If the director fails to respond within fifteen (15) calendar days, the request shall be deemed accepted.

(e) The request by the utility and the director's acceptance or denial shall be posted on the commission's website or other publicly accessible electronic document system.

(f) An interested party may appeal to the full commission the director's acceptance or denial under this section. An appeal to the full commission must be filed with the commission in a docketed proceeding and provided to:

1. (1) the utility;
2. (2) the OUCC; and
3. (3) other interested parties;

within thirty (30) days of the posting of the director's written acceptance or denial of the request.

(Indiana Utility Regulatory Commission; 170 IAC 4-7-3; filed Aug 31, 1995, 9:00 a.m.: 19 IR 19; 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; filed Dec 5, 2018, 11:49 a.m.: 20190102-IR-170180127FRA; readopted filed Apr 11, 2019, 9:04 a.m.: 20190508-IR-170190136RFA; readopted filed Sep 12, 2025, 11:43 a.m.: 20251001-IR-170240381RFA)