in-20240320-IR-170240091FNA: COST SECURITIZATION FOR RETIRED ELECTRIC UTILITY ASSETS

Notice of First Public Comment Period LSA Document #24-91 Sec. 1. This rule is intended to establish establishes procedures and guidelines for a public utility's construction, purchase, or lease of small modular nuclear reactors: SMRs: Sec. 2. This rule applies to any a public utility, as defined under IC 8-1-8.5-1(a), that petitions petitioning the commission for approval of the construction, purchase, or lease of a small modular nuclear reactor an SMR to provide utility service to Indiana customers. Sec. 3. This rule does not replace other commission requirements, including: but not limited to: Sec. 4. (a) The definitions in IC 8-1-8.5-12.1 and this section apply throughout this rule. (b) "Commission" means the Indiana utility regulatory commission. (c) "CPCN" means a certificate of public convenience and necessity, as required under IC 8-1-8.5-2. (d) "High level radioactive waste" has the same definition as meaning set forth in IC 13-11-2-102. (e) "NRC" means the United States Nuclear Regulatory Commission. (f) "OUCC" means the Indiana office of utility consumer counselor established under IC 8-1-1.1. (g) "Public utility" has the same definition as meaning set forth in IC 8-1-8.5-1(a). (h) "SMR" means a small modular nuclear reactor as defined in IC 8-1-8.5-12.1(a). (i) "Spent nuclear fuel" has the same definition as meaning set forth in IC 13-11-2-216. Sec. 5. (a) A public utility that seeks seeking to construct, purchase, lease, or otherwise own or operate an SMR must first obtain get a CPCN from the commission pursuant to under IC 8-1-8.5. (b) As part of its case-in-chief, and in addition to the evidence required to support the CPCN factors listed in IC 8-1-8.5-4 and IC 8-1-8.5-5, the a public utility must provide evidence regarding the following: (c) The commission may grant a CPCN under circumstances and for locations other than those described in subdivisions subdivision (b)(1) and (2). (b)(2). Sec. 6. (a) The owner or operator of a proposed or an existing SMR shall provide to the commission all the docket numbers assigned by the NRC regarding the proposed or existing SMR within thirty (30) days of the docket number being assigned, thus allowing the commission and its staff timely access in accordance with under applicable federal law laws and regulations, to: any: (b) To the extent that 10 CFR Part 2 requires documents to be served upon on state officials, those documents shall also be provided electronically to the commission, either by the NRC or the owner or operator of a proposed SMR, as applicable. (c) Notices of violation received by the owner of or operator of a proposed or an existing SMR shall be served upon on the commission within fifteen (15) days of receipt of after receiving the notice. (d) If the owner or operator of a proposed or existing SMR submits to the commission: a: (e) To the extent that the commission or its staff access, or seek to access, confidential documents in an NRC docket number, they shall comply with federal laws and regulations regarding confidentiality and maintain the confidentiality of such those documents for as long as the confidentiality restrictions under federal law laws or regulations apply. Sec. 7. Any A person that owns or operates an SMR in Indiana may not store: