summary
Introduced
01/13/2025
01/13/2025
In Committee
03/13/2025
03/13/2025
Crossed Over
02/04/2025
02/04/2025
Passed
03/21/2025
03/21/2025
Dead
Signed/Enacted/Adopted
04/10/2025
04/10/2025
Introduced Session
2025 Regular Session
Bill Summary
Small modular nuclear reactor development costs. Amends as follows the Indiana Code section concerning certificates of public convenience and necessity (certificates) for small modular nuclear reactors: (1) Authorizes a public utility to petition the Indiana utility regulatory commission (IURC) for approval to incur, before obtaining a certificate, project development costs for the development of one or more small modular nuclear reactors. (2) Sets forth certain factors that the IURC must consider in reviewing a public utility's petition to incur project development costs. (3) Requires the IURC to issue a final order approving or denying the petition not later than 180 days after receiving the petition and the public utility's complete case in chief, subject to the IURC's right to extend the time for review if the public utility does not object to the extension. (4) Provides that if a public utility receives approval to incur project development costs, the public utility may petition the IURC at any time before or during the development and execution of a small modular nuclear reactor project for the approval of a rate schedule that periodically adjusts the public utility's rates and charges to provide for the timely recovery of project development costs. (5) Provides that after reviewing a public utility's proposed rate schedule, the IURC shall approve the recovery of project development costs by the public utility if the IURC finds that project development costs that have been or will be incurred are: (A) reasonable in amount; (B) necessary to support the construction, purchase, or lease of a small modular nuclear reactor; and (C) consistent with the commission's finding as to the best estimate of project development costs. (6) Provides that a public utility that is authorized to recover project development costs shall: (A) recover 80% of the approved project development costs under the approved rate schedule; and (B) defer the remaining 20% of approved project development costs for recovery as part of public utility's next general rate case before the IURC. (7) Provides that the recovery of a public utility's project development costs through an approved periodic rate adjustment mechanism must occur over a period that is equal to: (A) the period over which the approved project development costs are incurred; or (B) three years; whichever is less. (8) Provides that project development costs that: (A) are incurred by a public utility; and (B) exceed the best estimate of project development costs included in the IURC's order authorizing the public utility to incur project development costs; may not be included in the public utility's rates and charges unless found by the IURC to be reasonable, necessary, and prudent in supporting the construction, purchase, or lease of the small modular nuclear reactor for which they were incurred. (9) Provides that: (A) project development costs incurred for a project that is canceled or not completed may be recovered by the public utility if found by the IURC to be reasonable, necessary, and prudently incurred; but (B) such costs shall be recovered without a return unless the IURC makes certain additional findings. (10) Provides that if a public utility does not seek: (A) approval of; or (B) cost recovery for; project development costs under the bill's provisions, the IURC may approve the deferral and amortization of project development costs in accordance with the statutory procedures set forth for construction costs.
AI Summary
This bill amends Indiana law to establish a comprehensive framework for public utilities to develop and recover costs associated with small modular nuclear reactors (SMRs). The bill defines project development costs, which include expenses like design, engineering, federal approvals, licensing, environmental analyses, and early site permitting. It allows public utilities to petition the Indiana Utility Regulatory Commission (IURC) for approval to incur project development costs before obtaining a certificate for constructing, purchasing, or leasing an SMR. The IURC must review the petition within 180 days and consider factors such as the potential replacement of existing coal or natural gas generating facilities, site location, and employment opportunities. If approved, the utility can petition for a rate schedule to recover 80% of approved project development costs through periodic rate adjustments, with the remaining 20% to be recovered in the next general rate case. The bill limits cost recovery to either the period of cost incurrence or three years, whichever is less. Additionally, it provides provisions for recovering costs if a project is canceled, subject to specific conditions and IURC approval, and allows utilities an alternative method to defer and amortize project development costs if they choose not to use the primary cost recovery mechanism.
Committee Categories
Transportation and Infrastructure
Sponsors (15)
Brian Buchanan (R)*,
Eric Koch (R)*,
Jean Leising (R)*,
Steve Bartels (R),
Jim Buck (R),
Gary Byrne (R),
Stacey Donato (R),
Blake Doriot (R),
Ryan Lauer (R),
Matthew Lehman (R),
Randy Maxwell (R),
Jeff Raatz (R),
Daryl Schmitt (R),
Ed Soliday (R),
Andy Zay (R),
Last Action
Public Law 48 (on 04/10/2025)
Official Document
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