HB 1824-3_ Filed 04/03/2007, 11:00 Hershman

SENATE MOTION


MADAM PRESIDENT:

    I move
that Engrossed House Bill 1824 be amended to read as follows:

SOURCE: Page 12, line 3 -->     Page 12, line 3, after "(b)." insert " If:
        (1) the commission determines that an electric utility is eligible for the financial incentives described in subsection (a); and
        (2) the electric utility seeks to recover capital costs in connection with the electric utility's conservation and load management program;
the commission shall determine whether any of the infrastructure or equipment to be deployed by the electric utility in connection with the electric utility's conservation and load management program will be used by the electric utility to provide broadband over power lines or any other communications service (as defined in IC 8-1-32.5-3) to customers. If the commission determines that the electric utility will use any of the infrastructure or equipment to provide broadband over power lines or any other communications service to customers, the commission shall reduce the financial incentives otherwise available to the electric utility under subsection (a) by an amount proportional to the electric utility's use of the infrastructure or equipment to provide broadband over power lines or other communications service to customers. However, the commission may not reduce the financial
incentives otherwise available to the electric utility under subsection (a) with respect to that part of a broadband over power lines system or other communications service that is used and useful in providing electric utility service to customers.
".
    (Reference is to EHB 1824 as reprinted March 30, 2007.)

________________________________________

Senator HERSHMAN


MO182403/DI 101
2007