Citations Affected: Noncode.
Synopsis: Regional public power authority study. Requires the IURC,
upon the request of the county executives of three or more counties that
are located in an electric utility's service area, to study the feasibility of
establishing a regional public power authority to: (1) acquire the assets
of an electric utility providing retail electric service on April 1, 2007,
in specified counties in Indiana; (2) own and operate the assets
acquired; and (3) act as a nonprofit utility to provide retail electric
service to customers within the participating units. Requires the
commission to report its findings not later than December 31, 2007, to:
(1) the regulatory flexibility committee; (2) the legislative council; and
(3) the county executive of each county in the electric utility's service
area on April 1, 2007. Authorizes the regulatory flexibility committee
to recommend any legislation necessary to establish a regional public
power authority in Indiana.
Effective: Upon passage.
January 17, 2007, read first time and referred to Committee on Rules and Legislative
February 7, 2007, reassigned to Committee on Commerce, Energy, and Utilities.
February 19, 2007, amended, reported _ Do Pass.
February 23, 2007, read second time, amended, ordered engrossed.
A BILL FOR AN ACT to amend the Indiana code concerning
utilities and transportation.
the commission may:
(1) make use of the commission's existing resources and technical staff;
(2) employ or consult with outside analysts, engineers, experts, or other professionals; and
(3) consult with other:
(A) public power authorities operating in the United States; or
(B) state regulatory commissions that:
(i) regulate public power authorities; or
(ii) have conducted similar studies.
(g) Not later than December 31, 2007, the commission shall provide a report to the following on the commission's findings from the study conducted under subsection (e):
(1) The regulatory flexibility committee established by IC 8-1-2.6-4. The report provided to the regulatory flexibility committee under this subsection must be separate from the commission's annual report to the regulatory flexibility committee under IC 8-1-2.5-9(b).
(2) The legislative council. The report provided to the legislative council under this subsection must be in an electronic format under IC 5-14-6.
(3) The county executive of each county in the electric utility's service area on April 1, 2007.
(h) The report required by subsection (g) must contain the following:
(1) A summary of the commission's findings with respect to each issue set forth in subsection (e).
(2) Recommendations to the regulatory flexibility committee on any legislation needed to establish a regional public power authority.
(3) Any other findings or recommendations that the commission considers relevant or useful to the entities described in subsection (g).
(i) Before the commission submits its report under subsection (g), any entity described in subsection (g) may require the commission to provide one (1) or more status reports on the commission's study under subsection (e). A status report provided to the legislative council under this subsection must be in an electronic format under IC 5-14-6.
(j) The regulatory flexibility committee:
(1) shall review the analyses and recommendations of the
commission contained in:
(A) any status reports provided by the commission under subsection (i); and
(B) the commission's final report provided under subsection (g); and
(2) may recommend to the general assembly any legislation that is necessary to establish a regional public power authority in Indiana, if the regulatory flexibility committee determines that the establishment of a regional public power authority is in the public interest.
(k) This SECTION does not empower the commission or any entity described in subsection (g) to require an electric utility to disclose confidential and proprietary business plans and other confidential information without adequate protection of the information. The commission and all entities described in subsection (g) shall exercise all necessary caution to avoid disclosure of confidential information supplied under this SECTION.