Sec. 3. As used in this chapter, "electric utility" means a public utility (as defined in IC 8-1-2-1(a)) that meets the following criteria:
(1) The public utility owns or operates any electric generation facility for the provision of electric utility service to Indiana customers.
(2) The public utility is under the jurisdiction of the commission for the approval of rates and charges.
(3) The public utility has a total of not more than two hundred thousand (200,000) retail electric customers at the time of the filing of a petition under section 10 of this chapter.