Sec. 2. Except as provided in section 7 of this chapter, a public utility may not begin the construction, purchase, or lease of any steam, water, or other facility for the generation of electricity to be directly or indirectly used for the furnishing of public utility service, even though the facility is for furnishing the service already being rendered, without first obtaining from the commission a certificate that public convenience and necessity requires, or will require, such construction, purchase, or lease.
Ind. Code § 8-1-8.5-2
Necessity for certification
Applied in 2 court decisions — leading case StopAquila. Org v. Aquila, Inc. (2005)
Most recently applied in Citizens Action Coalition of Indiana, Inc. v. Duke Energy Indiana, Inc. (September 2014)
As added by P.L.43-1983, SEC.12
Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.