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Indiana Code

Ind. Code § 8-1-39-10 (2025)

Petition for approval of TDSIC plan; notice, hearing, and order; approval and authorization of TDSIC treatment; targeted economic development projects; termination of existing plan

✓ 2025 Indiana Code: the 2026 session is not included
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     Sec. 10. (a) A public utility shall petition the commission for approval of the public utility's TDSIC plan for eligible transmission, distribution, and storage improvements. A plan submitted under this subsection may include for approval a targeted economic development project described in section 11 of this chapter.

     (b) Following notice and hearing, and not more than two hundred ten (210) days after the public utility petitions the commission under subsection (a), the commission shall issue an order on the petition. The order must include the following:

(1) A finding of the best estimate of the cost of the eligible improvements included in the plan.

(2) A determination whether public convenience and necessity require or will require the eligible improvements included in the plan.

(3) A determination whether the estimated costs of the eligible improvements included in the plan are justified by incremental benefits attributable to the plan.

If the commission determines that the public utility's TDSIC plan is reasonable, the commission shall approve the plan and authorize TDSIC treatment for the eligible transmission, distribution, and storage improvements included in the plan.

     (c) A public utility that provides gas or electric service may petition the commission to approve a targeted economic development project as part of the public utility's TDSIC plan under subsection (a). The commission shall review within sixty (60) days the part of the petition concerning the targeted economic development project and approve the inclusion of the project if the commission determines that the inclusion of the project is consistent with the requirements of this chapter.

     (d) A public utility may terminate an existing TDSIC plan before the end of the original plan period by providing the commission a notice of termination at least sixty (60) days before the date on which the plan will terminate. Eligible transmission, distribution, and storage improvements receiving TDSIC treatment under section 9 of this chapter before termination of the plan shall continue to receive TDSIC treatment under section 9 of this chapter after termination of the plan until a final order in the public utility's next general rate case is issued. A public utility that terminates a plan:

(1) may petition the commission for approval of a new TDSIC plan under this section; and

(2) must petition the commission for review and approval of the public utility's basic rates and charges with respect to the same type of utility service before the original expiration date of the terminated plan.

As added by P.L.133-2013, SEC.5. Amended by P.L.89-2019, SEC.4.

 

Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 2015–2024 · leading case: Nipsco Indus. Grp. v. N. Ind. Pub. Serv. Co., 100 N.E.3d 234 (Ind. 2018).
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Nipsco Indus. Grp. v. N. Ind. Pub. Serv. Co., 100 N.E.3d 234 (Ind. 2018). · cites it 4× “§ 8-1-39-10. The Commission shall then approve the plan and designate the planned improvements as eligible for TDSIC treatment if it finds the plan is reasonable.”
NIPSCO Indus. Grp. v. N. Indiana Pub. Serv. Co., 78 N.E.3d 730 (Ind. Ct. App. 2017). · cites it 12× “Ind. Code § 8-1-39-10 (b). After the 7-year plan is approved, periodic tracker proceedings may occur, pursuant to Indiana Code section 8-1-39-9 (“Section 9”), to allow rate adjustments for specific projects as they are completed.”
NIPSCO Indus. Grp., &, Indiana Off. of Util. Consum. Couns. v. N. Indiana Pub. Serv. Co., 31 N.E.3d 1 (Ind. Ct. App. 2015). · cites it 6× “Despite the lack of specificity regarding the projects beyond the first year of the plan, the Commission approved the plan as follows: *7 Based upon our review of the evidence of record, and the foregoing considerations of each component of Ind.Code § 8-1-39-10, we find that…”
NIPSCO Indus. Grp. v. N. Indiana Pub. Serv. Co., & Off. of the Util. Consum. Couns., 125 N.E.3d 617 (Ind. 2019). · cites it 4× “” I.C. § 8-1-39-10(a). See also NIPSCO 2018, 100 N.”
IPL Indus. Grp. v. Indianapolis Power & Light Co., 159 N.E.3d 617 (Ind. Ct. App. 2020). · cites it 16× “See I.C. § 8-1-39-10. To gain approval, the plan must satisfy certain enumerated statutory criteria, including the best estimate of costs, a finding of public convenience and necessity, a showing of reasonableness, and a determination that “the estimated costs of the eligible…”
Indiana Gas & Elec. Co. v. Indiana Util. Regulatory Comm'n, 75 N.E.3d 568 (Ind. Ct. App. 2017). · cites it 6× “Ind. Code § 8-1-39-10 . Following notice and a hearing on the petition, the Commission is required to issue an order that includes the following: (1)A finding of the best estimate of the cost of the eligible improvements included in the plan.”
NIPSCO Indus. Grp. v. N. Indiana Pub. Serv. Co. & Off. of the Util. Consum. Couns., 104 N.E.3d 603 (Ind. Ct. App. 2018). · cites it 2× “See Ind. Code § 8-1-39-10 . Once a 7-year plan is approved, the utility may then file petitions every six months under Section 9, seeking rate adjustments that reflect costs as they are incurred on approved projects.”
Indiana Off. of Util. Consum. Couns. v. Duke Energy Indiana, LLC, 248 N.E.3d 1205 (Ind. 2024). · cites it 12× “§ 8-1-39-10(a). The commission must approve a utility’s proposed TDSIC plan if it de- termines the plan is reasonable: If the commission determines that the public utility’s TDSIC plan is reasonable, the commission shall approve the plan and authorize TDSIC treatment for the…”
NIPSCO Indus. Grp. v. N. Pub. Serv. Co., No. 18S-EX-334 (Ind. June 20, 2018). · cites it 3× “§ 8-1-39-10. The Commission shall then approve the plan and designate the planned improvements as eligible for TDSIC treatment if it finds the plan is reasonable.”
NIPSCO Indus. Grp. v. N. Indiana Pub. Serv. Co., No. 18S-EX-334 (Ind. Sept. 25, 2018). · cites it 3× “§ 8-1-39-10. The Commission shall then approve the plan and designate the planned improvements as eligible for TDSIC treatment if it finds the plan is reasonable.”
Ind. Code § 8-1-39-10(a): 2 cases
NIPSCO Indus. Grp. v. N. Indiana Pub. Serv. Co., & Off. of the Util. Consum. Couns., 125 N.E.3d 617 (Ind. 2019). “” I.C. § 8-1-39-10(a). See also NIPSCO 2018, 100 N.”
Indiana Off. of Util. Consum. Couns. v. Duke Energy Indiana, LLC, 248 N.E.3d 1205 (Ind. 2024). “§ 8-1-39-10(a). The commission must approve a utility’s proposed TDSIC plan if it de- termines the plan is reasonable: If the commission determines that the public utility’s TDSIC plan is reasonable, the commission shall approve the plan and authorize TDSIC treatment for the…”
Ind. Code § 8-1-39-10(b): 6 cases
Nipsco Indus. Grp. v. N. Ind. Pub. Serv. Co., 100 N.E.3d 234 (Ind. 2018). “§ 8-1-39-10. The Commission shall then approve the plan and designate the planned improvements as eligible for TDSIC treatment if it finds the plan is reasonable.”
NIPSCO Indus. Grp., &, Indiana Off. of Util. Consum. Couns. v. N. Indiana Pub. Serv. Co., 31 N.E.3d 1 (Ind. Ct. App. 2015). “Despite the lack of specificity regarding the projects beyond the first year of the plan, the Commission approved the plan as follows: *7 Based upon our review of the evidence of record, and the foregoing considerations of each component of Ind.Code § 8-1-39-10, we find that…”
IPL Indus. Grp. v. Indianapolis Power & Light Co., 159 N.E.3d 617 (Ind. Ct. App. 2020). “See I.C. § 8-1-39-10. To gain approval, the plan must satisfy certain enumerated statutory criteria, including the best estimate of costs, a finding of public convenience and necessity, a showing of reasonableness, and a determination that “the estimated costs of the eligible…”
Indiana Off. of Util. Consum. Couns. v. Duke Energy Indiana, LLC, 248 N.E.3d 1205 (Ind. 2024). “§ 8-1-39-10(a). The commission must approve a utility’s proposed TDSIC plan if it de- termines the plan is reasonable: If the commission determines that the public utility’s TDSIC plan is reasonable, the commission shall approve the plan and authorize TDSIC treatment for the…”
NIPSCO Indus. Grp. v. N. Pub. Serv. Co., No. 18S-EX-334 (Ind. June 20, 2018). “§ 8-1-39-10. The Commission shall then approve the plan and designate the planned improvements as eligible for TDSIC treatment if it finds the plan is reasonable.”
Ind. Code § 8-1-39-10(b)(3): 4 cases
Nipsco Indus. Grp. v. N. Ind. Pub. Serv. Co., 100 N.E.3d 234 (Ind. 2018). “§ 8-1-39-10. The Commission shall then approve the plan and designate the planned improvements as eligible for TDSIC treatment if it finds the plan is reasonable.”
Indiana Off. of Util. Consum. Couns. v. Duke Energy Indiana, LLC, 248 N.E.3d 1205 (Ind. 2024). “§ 8-1-39-10(a). The commission must approve a utility’s proposed TDSIC plan if it de- termines the plan is reasonable: If the commission determines that the public utility’s TDSIC plan is reasonable, the commission shall approve the plan and authorize TDSIC treatment for the…”
NIPSCO Indus. Grp. v. N. Pub. Serv. Co., No. 18S-EX-334 (Ind. June 20, 2018). “§ 8-1-39-10. The Commission shall then approve the plan and designate the planned improvements as eligible for TDSIC treatment if it finds the plan is reasonable.”
NIPSCO Indus. Grp. v. N. Indiana Pub. Serv. Co., No. 18S-EX-334 (Ind. Sept. 25, 2018). “§ 8-1-39-10. The Commission shall then approve the plan and designate the planned improvements as eligible for TDSIC treatment if it finds the plan is reasonable.”
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