in-20260812-IR-GOV260274EOA: STATE OF INDIANA

STATE OF INDIANA EXECUTIVE DEPARTMENT INDIANAPOLIS EXECUTIVE ORDER: 26-18 FOR: CHALLENGING IMPRUDENT AND UNNECESSARY CONSENT DECREES TO ENSURE ECONOMIC GROWTH AND RATEPAYER DRIVEN STATEWIDE ENERGY STRATEGY TO ALL WHOM THESE PRESENTS MAY COME, GREETINGS. WHEREAS, on April 10, 2025, I issued Executive Order 25-50 for “Ensuring Economic Opportunity and Indiana's Energy Future by Supporting Life Extensions for Coal Energy Generation and Assessing Natural Gas Supplies;” WHEREAS, Executive Order 25-50 observed that “after decades of flat or modest increase in demand for electricity in Indiana, demand is now increasing significantly due to data center deployments related to the Artificial Intelligence race, reshoring of manufacturing, and greater consumer electrification”; WHEREAS, since the issuance of Executive Order 25-50, Indiana has continued to experience significant economic growth in all sectors, including manufacturing, and continued record growth for business is expected in Indiana; WHEREAS, Executive Order 25-50 observed “in its 2024 Long-Term Reliability Assessment, the North American Electric Reliability Corporation identified Indiana being in the Regional Transmission Footprint that “falls below established resource adequacy criteria in the next five years”, thus access to reliable electricity is at risk if changes are not made”; WHEREAS, adequate current and future electric generation capacity is critical for Hoosier ratepayers and businesses; WHEREAS, for the period of 2026 to 2038 over 7 gigawatts of Indiana coal electricity generation is projected to retire or transition to another fuel source; WHEREAS, the average age for electric generation unit retirement in Indiana is over 50 years; WHEREAS, these closures of coal electricity generation are nearly all due to the financial burden of meeting U.S. Environmental Protection Agency (“EPA”) regulations; WHEREAS, certain coal electricity generation units were scheduled for closure not because they are out-of-date or obsolete, but often due to federal environmental regulations, consent decrees, and settlement agreements entered into with the EPA, the U.S. Department of Justice, and other environmental groups; WHEREAS, the State of Indiana was not a party to some of these consent decrees and settlement agreements; WHEREAS, these consent decrees and settlement agreements should be re-evaluated in light of the current and future need for energy to power existing demand as well as future economic development in Indiana; WHEREAS, the EPA is currently reviewing and revising its environmental rules; WHEREAS, in December 2025, the United States Department of Energy (“USDOE”) issued emergency orders pursuant to section 202(c) of the Federal Power Act to ensure that certain coal-fired electric generating units in Indiana are available to operate, despite planned retirement dates, and USDOE has subsequently extended these orders to the facility owners and affected regional transmission organizations; WHEREAS, the Indiana Department of Environmental Management (“IDEM”) and the Indiana Utility Regulatory Commission (“IURC”) may have the authority to evaluate such agreements and situations in light of changing circumstances; WHEREAS, IC 13-13-5-2 was recently updated to direct IDEM to “actively engage with its federal counterparts through comments, petitions, letters, advisory committees, rulemaking activities, and other means, to ensure federal environmental laws and their implementation serve the state of Indiana….”; and WHEREAS, in June 2026, President Trump and USDOE announced actions under the Defense Production Act to provide $850 million in support for new and existing coal-fired generation assets, including in Indiana. NOW, THEREFORE, I, MIKE BRAUN, by virtue of the authority vested in me as the Governor of the State of Indiana, do hereby order the following: Mike Braun Governor of Indiana ATTEST: Diego Morales Secretary of State Legislative Services Agency Fiscal Statement (20260812-IR-GOV260274FSA) as required by IC 2-5-1.1-7.