NIPSCO Cause No 45529

April 14, 2021 at 12:23 p.m.

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Legal Notice

Cause No. 45529

    VERIFIED JOINT PETITION OF NORTHERN INDIANA PUBLIC SERVICE COMPANY LLC AND ELLIOTT SOLAR GENERATION LLC (THE “JOINT VENTURE”) FOR (1) ISSUANCE TO NIPSCO OF A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR THE PURCHASE AND ACQUISITION OF A 200 MW SOLAR PROJECT (THE “ELLIOTT PROJECT”); (2) APPROVAL OF THE ELLIOTT PROJECT AS A CLEAN ENERGY PROJECT UNDER IND. CODE § 8-1-8.8-11; (3) APPROVAL OF RATEMAKING AND ACCOUNTING TREATMENT ASSOCIATED WITH THE ELLIOTT PROJECT; (4) AUTHORITY TO ESTABLISH AMORTIZATION RATES FOR NIPSCO’S INVESTMENT IN THE JOINT VENTURE; (5) APPROVAL PURSUANT TO IND. CODE § 8-1-2.5-6 OF AN ALTERNATIVE REGULATORY PLAN INCLUDING ESTABLISHMENT OF JOINT VENTURE THROUGH WHICH THE ELLIOTT PROJECT WILL SUPPORT NIPSCO’S GENERATION FLEET AND THE REFLECTION IN NIPSCO’S NET ORIGINAL COST RATE BASE OF ITS INVESTMENT IN JOINT VENTURE; (6) APPROVAL OF PURCHASED POWER AGREEMENTS AND CONTRACT FOR DIFFERENCES THROUGH WHICH NIPSCO WILL PAY FOR THE ENERGY GENERATED BY THE ELLIOTT PROJECT, INCLUDING TIMELY COST RECOVERY PURSUANT TO IND. CODE § 8-1-8.8-11 THROUGH NIPSCO’S FUEL ADJUSTMENT CLAUSE; (7) AUTHORITY TO DEFER AMORTIZATION AND TO ACCRUE POST-IN SERVICE CARRYING CHARGES ON NIPSCO’S INVESTMENT IN JOINT VENTURE; (8) TO THE EXTENT GENERALLY ACCEPTED ACCOUNTING PRINCIPLES WOULD TREAT ANY ASPECT OF JOINT VENTURE AS DEBT ON NIPSCO’S FINANCIAL STATEMENTS, APPROVAL OF FINANCING; (9) APPROVAL OF AN ALTERNATIVE REGULATORY PLAN FOR NIPSCO IN ORDER TO FACILITATE THE IMPLEMENTATION OF THE ELLIOTT PROJECT; AND (10) TO THE EXTENT NECESSARY, ISSUANCE OF AN ORDER PURSUANT TO IND. CODE § 8-1-2.5-5 DECLINING TO EXERCISE JURISDICTION OVER THE JOINT VENTURE AS A PUBLIC UTILITY.

    Notice is hereby given that on March 31, 2021, Northern Indiana Public Service Company LLC (“NIPSCO”) and Elliott Solar Generation LLC (“Elliott”) filed a Joint Petition with the Indiana Utility Regulatory Commission (“Commission”) to (1) issue NIPSCO a certificate of public convenience and necessity (“CPCN”) to purchase and acquire indirectly through Joint Venture a 200 megawatt (“MW”) solar project (“Elliott Project”); (2) approve the Elliott Project as a clean energy project under Ind. Code § 8-1-8.8-11; (3) approve associated ratemaking and accounting treatment for the Elliott Project; (4) establish amortization rates for NIPSCO’s investment in the Elliott Project through Joint Venture; (5) approve pursuant to Ind. Code § 8-1-2.5-6 an alternative regulatory plan to implement the Elliott Project as set forth herein, including establishment of Joint Venture and the reflection in NIPSCO’s net original cost rate base of its investment in Joint Venture; (6) approve purchased power agreements and contract for differences through which NIPSCO will pay for the energy generated by the Elliott Project, including timely cost recovery pursuant to Ind. Code § 8-1-8.8-11, which is anticipated to occur through NIPSCO’s Fuel Adjustment Clause; (7) authorize NIPSCO to defer amortization and to accrue post-in service carrying charges on NIPSCO’s capital investments in Joint Venture; (8) to the extent generally accepted accounting principles would treat any aspect of Joint Venture as debt on NIPSCO’s financial statements, grant necessary financing approval; (9) approve an alternative regulatory plan for NIPSCO to facilitate the implementation of the Elliott Project; and (10) to the extent necessary, pursuant to Ind. Code § 8-1-2.5-5, decline to exercise jurisdiction over Joint Venture as a public utility.  This notice is provided to the public under Ind. Code § 8-1-2.5-6(d).  A copy of the Joint Petition and other submissions in this proceeding is on file with the Commission, PNC Center, 101 West Washington Street, Suite 1500 East, Indianapolis, Indiana 46204.  The telephone number of the Commission is (317) 232-2701.  Anyone wishing to protest, challenge, or intervene in this action may do so by contacting the Commission.

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Legal Notice

Cause No. 45529

    VERIFIED JOINT PETITION OF NORTHERN INDIANA PUBLIC SERVICE COMPANY LLC AND ELLIOTT SOLAR GENERATION LLC (THE “JOINT VENTURE”) FOR (1) ISSUANCE TO NIPSCO OF A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR THE PURCHASE AND ACQUISITION OF A 200 MW SOLAR PROJECT (THE “ELLIOTT PROJECT”); (2) APPROVAL OF THE ELLIOTT PROJECT AS A CLEAN ENERGY PROJECT UNDER IND. CODE § 8-1-8.8-11; (3) APPROVAL OF RATEMAKING AND ACCOUNTING TREATMENT ASSOCIATED WITH THE ELLIOTT PROJECT; (4) AUTHORITY TO ESTABLISH AMORTIZATION RATES FOR NIPSCO’S INVESTMENT IN THE JOINT VENTURE; (5) APPROVAL PURSUANT TO IND. CODE § 8-1-2.5-6 OF AN ALTERNATIVE REGULATORY PLAN INCLUDING ESTABLISHMENT OF JOINT VENTURE THROUGH WHICH THE ELLIOTT PROJECT WILL SUPPORT NIPSCO’S GENERATION FLEET AND THE REFLECTION IN NIPSCO’S NET ORIGINAL COST RATE BASE OF ITS INVESTMENT IN JOINT VENTURE; (6) APPROVAL OF PURCHASED POWER AGREEMENTS AND CONTRACT FOR DIFFERENCES THROUGH WHICH NIPSCO WILL PAY FOR THE ENERGY GENERATED BY THE ELLIOTT PROJECT, INCLUDING TIMELY COST RECOVERY PURSUANT TO IND. CODE § 8-1-8.8-11 THROUGH NIPSCO’S FUEL ADJUSTMENT CLAUSE; (7) AUTHORITY TO DEFER AMORTIZATION AND TO ACCRUE POST-IN SERVICE CARRYING CHARGES ON NIPSCO’S INVESTMENT IN JOINT VENTURE; (8) TO THE EXTENT GENERALLY ACCEPTED ACCOUNTING PRINCIPLES WOULD TREAT ANY ASPECT OF JOINT VENTURE AS DEBT ON NIPSCO’S FINANCIAL STATEMENTS, APPROVAL OF FINANCING; (9) APPROVAL OF AN ALTERNATIVE REGULATORY PLAN FOR NIPSCO IN ORDER TO FACILITATE THE IMPLEMENTATION OF THE ELLIOTT PROJECT; AND (10) TO THE EXTENT NECESSARY, ISSUANCE OF AN ORDER PURSUANT TO IND. CODE § 8-1-2.5-5 DECLINING TO EXERCISE JURISDICTION OVER THE JOINT VENTURE AS A PUBLIC UTILITY.

    Notice is hereby given that on March 31, 2021, Northern Indiana Public Service Company LLC (“NIPSCO”) and Elliott Solar Generation LLC (“Elliott”) filed a Joint Petition with the Indiana Utility Regulatory Commission (“Commission”) to (1) issue NIPSCO a certificate of public convenience and necessity (“CPCN”) to purchase and acquire indirectly through Joint Venture a 200 megawatt (“MW”) solar project (“Elliott Project”); (2) approve the Elliott Project as a clean energy project under Ind. Code § 8-1-8.8-11; (3) approve associated ratemaking and accounting treatment for the Elliott Project; (4) establish amortization rates for NIPSCO’s investment in the Elliott Project through Joint Venture; (5) approve pursuant to Ind. Code § 8-1-2.5-6 an alternative regulatory plan to implement the Elliott Project as set forth herein, including establishment of Joint Venture and the reflection in NIPSCO’s net original cost rate base of its investment in Joint Venture; (6) approve purchased power agreements and contract for differences through which NIPSCO will pay for the energy generated by the Elliott Project, including timely cost recovery pursuant to Ind. Code § 8-1-8.8-11, which is anticipated to occur through NIPSCO’s Fuel Adjustment Clause; (7) authorize NIPSCO to defer amortization and to accrue post-in service carrying charges on NIPSCO’s capital investments in Joint Venture; (8) to the extent generally accepted accounting principles would treat any aspect of Joint Venture as debt on NIPSCO’s financial statements, grant necessary financing approval; (9) approve an alternative regulatory plan for NIPSCO to facilitate the implementation of the Elliott Project; and (10) to the extent necessary, pursuant to Ind. Code § 8-1-2.5-5, decline to exercise jurisdiction over Joint Venture as a public utility.  This notice is provided to the public under Ind. Code § 8-1-2.5-6(d).  A copy of the Joint Petition and other submissions in this proceeding is on file with the Commission, PNC Center, 101 West Washington Street, Suite 1500 East, Indianapolis, Indiana 46204.  The telephone number of the Commission is (317) 232-2701.  Anyone wishing to protest, challenge, or intervene in this action may do so by contacting the Commission.

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