SB 272

                                                              Introduced Version
           SENATE BILL No. 272
                 _____
              DIGEST OF INTRODUCED BILL
Citations Affected: IC 8-1-40.2.
Synopsis: Competitive electric supply service. Provides that beginning
July 1, 2027, an eligible customer of an incumbent electricity supplier
may elect to receive: (1) electric supply service directly from a
competitive electricity supplier; and (2) transmission and distribution
service from the incumbent electricity supplier. Defines for these
purposes an "eligible customer" as a new or existing nonresidential
customer of the incumbent electricity supplier, or an aggregation of two
or more such customers, whose aggregate electricity demand during the
most recently concluded calendar year exceeded one megawatt.
Defines for these purposes an "incumbent electricity supplier", with
respect to an eligible customer, as an investor owned utility that is
under the jurisdiction of the Indiana utility regulatory commission
(IURC) and whose assigned service area includes the eligible customer.
Requires the IURC to establish by rule the following: (1) A system for
establishing and periodically adjusting a cap on an incumbent
electricity supplier's eligible customers receiving electric supply
service from a competitive electricity supplier. (2) A queue process by
which eligible customers of an incumbent electricity supplier that elect
to receive electric supply service from a competitive electricity supplier
are authorized to begin receiving that service as the incumbent
electricity supplier's cap allows. Specifies the methods by which the
IURC must establish and adjust an incumbent electricity supplier's cap.
Sets forth requirements for advance notice that an eligible customer
must provide to an incumbent electricity supplier before: (1) receiving
electric supply service from a competitive electricity supplier; or (2)
resuming electric supply service under the incumbent electricity
                     (Continued next page)
Effective: Upon passage.
                                Donato
   January 8, 2026, read first time and referred to Committee on Utilities.
2026  IN 272—LS 7078/DI 101
Digest Continued
supplier's applicable tariff upon discontinuing electric supply service
from a competitive electricity supplier. Provides that on any customer
bill issued by an incumbent electricity supplier after June 30, 2027, the
incumbent electricity supplier must include a breakdown of the charges
and fees that make up the total amount owed, including a description
of the service or cost associated with each charge or fee. Sets forth
certain charges and fees that must be delineated as specific line items
on each customer bill. Requires the IURC to establish by rule
requirements for an incumbent electricity supplier to provide to a
competitive electricity supplier historical usage data for an eligible
customer that seeks to receive electric supply service from the
competitive electricity supplier. Sets forth certain metrics that the
customer usage data must include. Requires the IURC to establish by
rule a licensing process for competitive electricity suppliers that seek
to provide electric supply service to eligible customers of incumbent
electricity suppliers in Indiana. Sets forth certain requirements that a
competitive electricity supplier must meet as a condition of receiving
and maintaining a license. Provides that an incumbent electricity
supplier that seeks to provide electric supply service outside its
assigned service area must do so through a functionally separate,
nonutility affiliate that is subject to the bill's licensing requirements.
Requires the IURC to establish by rule a procedure by which a: (1)
municipally owned utility; or (2) rural electric corporation; may elect
to become subject to the bill's provisions so as to enable its eligible
customers to receive electric supply service from a competitive
electricity supplier. Provides that in any base rate case for an
incumbent electricity supplier, the IURC shall: (1) ensure that electric
supply service received by eligible customers from a competitive
electricity supplier will not result in unreasonable cost shifting to other
nonparticipating eligible customers or to other customer classes; and
(2) consider the avoided generation and purchased power costs inuring
to the benefit of the incumbent electricity supplier's ratepayers as a
result of eligible customers receiving electric supply service from
competitive electricity suppliers. Beginning in 2028, requires the IURC
to include each year in its annual report specified information
concerning the provision of electric supply service by competitive
electricity suppliers to eligible customers of incumbent electricity
suppliers. Requires the IURC to adopt rules to implement the bill's
provisions.
2026  IN 272—LS 7078/DI 101
                                                                                       Introduced
            Second Regular Session of the 124th General Assembly (2026)
 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
 Constitution) is being amended, the text of the existing provision will appear in this style type,
 additions will appear in this style type, and deletions will appear in this style type.
   Additions: Whenever a new statutory provision is being enacted (or a new constitutional
 provision adopted), the text of the new provision will appear in this style type. Also, the
 word NEW will appear in that style type in the introductory clause of each SECTION that adds
 a new provision to the Indiana Code or the Indiana Constitution.
  Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
 between statutes enacted by the 2025 Regular Session of the General Assembly.
                   SENATE BILL No. 272
     A BILL FOR AN ACT to amend the Indiana Code concerning
 utilities.
     Be it enacted by the General Assembly of the State of Indiana:
1    SECTION 1. IC 8-1-40.2 IS ADDED TO THE INDIANA CODE
2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
3 UPON PASSAGE]:
4    Chapter 40.2. Competitive Electric Supply Service for
5 Nonresidential Customers
6    Sec. 1. As used in this chapter, "commission" refers to the
7 Indiana utility regulatory commission created by IC 8-1-1-2.
8    Sec. 2. (a) As used in this chapter, "competitive electricity
9 supplier" means a person that is licensed by the commission under
10 this chapter to provide competitive electric supply service at retail
11 to eligible customers.
12    (b) The term does not include a person that:
13(1) owns or operates:
14(A) a cogeneration facility (as defined in IC 8-1-2.4-2(c));
15(B) a private generation project (as defined in
 2026  IN 272—LS 7078/DI 101
                                   2
1IC 8-1-2.4-2(g)); or
2(C) a generator or other device that is located on the
3person's premises;
4for the purpose of generating electricity to meet or offset all
5or part of the person's need for electricity on or near the
6location of the facility, project, generator, or device; and
7(2) does not otherwise provide electric supply service at retail.
8    Sec. 3. (a) As used in this chapter, "customer", with respect to
9 an incumbent electricity supplier, means a metered electrical
10 service point that is located in the incumbent electricity supplier's
11 assigned service area under IC 8-1-2.3.
12    (b) As the context requires, the term includes a person of record
13 who is:
14(1) associated with a billing account established by the
15incumbent electricity supplier for the service point described
16in subsection (a); or
17(2) otherwise associated with the service point described in
18subsection (a).
19    Sec. 4. (a) As used in this chapter, "electric supply service"
20 means the generation or procurement of electricity for sale to an
21 eligible customer by:
22(1) a competitive electricity supplier; or
23(2) an incumbent electricity supplier under a retail tariff
24approved by the commission.
25    (b) The term does not include transmission and distribution
26 service.
27    Sec. 5. As used in this chapter, "eligible customer", with respect
28 to an incumbent electricity supplier, means a new or existing
29 nonresidential customer of the incumbent electricity supplier, or
30 an aggregation of two (2) or more new or existing nonresidential
31 customers of the incumbent electricity supplier, whose aggregate
32 electricity demand during the most recently concluded calendar
33 year exceeded one (1) megawatt.
34    Sec. 6. As used in this chapter, "incumbent electricity supplier",
35 with respect to an eligible customer, means any of the following
36 that is under the jurisdiction of the commission for the approval of
37 rates and charges and whose assigned service area under
38 IC 8-1-2.3 includes the eligible customer:
39(1) A public utility (as defined in IC 8-1-2-1(a)).
40(2) Any of the following that elects to become subject to this
41chapter in accordance with the procedure set forth in rules
42adopted by the commission under section 18 of this chapter:
 2026  IN 272—LS 7078/DI 101
                                   3
1(A) A municipally owned utility (as defined in
2IC 8-1-2-1(h)).
3(B) A corporation organized under IC 8-1-13.
4(C) A corporation organized under IC 23-17 that is an
5electric cooperative and that has at least one (1) member
6that is a corporation organized under IC 8-1-13.
7    Sec. 7. (a) As used in this chapter, "transmission and
8 distribution service" means the delivery of electricity to an eligible
9 customer by an incumbent electricity supplier over the incumbent
10 electricity supplier's transmission and distribution systems.
11    (b) The term does not include electric supply service.
12    Sec. 8. (a) Beginning July 1, 2027, an eligible customer of an
13 incumbent electricity supplier may elect to receive:
14      (1) electric supply service directly from a competitive
15      electricity supplier; and
16      (2) transmission and distribution service from the incumbent
17      electricity supplier;
18 as set forth in this chapter and in rules adopted by the commission
19 under section 18 of this chapter.
20    (b) This chapter does not require a person described in section
21 2(b) of this chapter to:
22      (1) discontinue; or
23      (2) otherwise limit;
24 the use of a facility, project, generator, or device described in
25 section 2(b) of this chapter.
26    (c) An incumbent electricity supplier may not impose:
27      (1) a transition fee;
28      (2) an exit fee; or
29      (3) any similar fee or charge, however denominated;
30 on an eligible customer that elects to receive electric supply service
31 from a competitive electricity supplier under this chapter.
32    Sec. 9. (a) The commission shall, in rules adopted under section
33 18 of this chapter, establish the following:
34      (1) A system for establishing and periodically adjusting a cap
35      on an incumbent electricity supplier's eligible customers
36      receiving electric supply service from a competitive electricity
37      supplier.
38      (2) A queue process by which eligible customers of an
39      incumbent electricity supplier that elect to receive electric
40      supply service from a competitive electricity supplier are
41      authorized to begin receiving that service as the cap described
42      in subdivision (1) allows.
 2026  IN 272—LS 7078/DI 101
                                   4
1    (b) The commission's rules concerning the establishment and
2 adjustment of the cap described in subsection (a)(1) and the queue
3 process described in subsection (a)(2) must provide for the
4 following:
5      (1) The cap described in subsection (a)(1) must, as of the time
6      it is established or adjusted:
7(A) reflect existing loads served by competitive electricity
8suppliers providing electric supply service to an incumbent
9electricity supplier's eligible customers;
10(B) represent a percentage of the incumbent electricity
11supplier's total retail sales, normalized for weather, for the
12most recently concluded calendar year; and
13(C) account for any incremental demand growth
14experienced by the incumbent electricity supplier during
15the most recently concluded calendar year.
16      (2) The commission shall issue a general administrative order
17      establishing the first cap described in subsection (a)(1) not
18      later than July 1, 2027. The first cap:
19(A) must represent at least twenty percent (20%) of the
20incumbent electricity supplier's total retail sales,
21normalized for weather, for the most recently concluded
22calendar year, excluding sales to eligible customers whose
23demand exceeded seventy-five (75) megawatts at one (1)
24site; and
25(B) remains in effect until the commission issues a
26subsequent general administrative order adjusting the cap.
27      (3) In each subsequent general administrative order that the
28      commission issues to adjust the cap after the commission's
29      first general administrative order under subdivision (2), the
30      percentage described in subdivision (2)(A) may only be
31      adjusted upward from the percentage in effect at the time of
32      the adjustment.
33      (4) If an existing eligible customer of an incumbent electricity
34      supplier elects to receive electric supply service from a
35      competitive electricity supplier after the incumbent electricity
36      supplier's then current cap has been met, the eligible
37      customer shall be placed in the queue described in subdivision
38      (6). However, an eligible customer that requires additional
39      electric supply service for an existing facility owned or
40      operated by the eligible customer shall be permitted to receive
41      electric supply service from a competitive electricity supplier
42      for:
 2026  IN 272—LS 7078/DI 101
                                    5
1(A) both the current and additional load at the existing
2facility; and
3(B) new load at any additional facility that is:
4(i) constructed or acquired by the eligible customer; and
5(ii) similar in nature to the existing facility;
6if the customer has an ownership interest of at least fifty
7percent (50%) in the new facility;
8even though the sale of electric supply service from the
9competitive electricity supplier will exceed the incumbent
10electricity supplier's then current cap, as long as the load
11described in clauses (A) and (B) is considered in the
12calculation of subsequent adjustments to the incumbent
13electricity supplier's cap.
14(5) If a new eligible customer of an incumbent electricity
15supplier that has not yet received electric supply service from
16the incumbent electricity supplier seeks to receive electric
17supply service from a competitive electricity supplier after the
18incumbent electricity supplier's then current cap has been
19met, the new eligible customer shall be permitted to receive
20electric supply service from a competitive electricity supplier,
21even though the sale of electric supply service from the
22competitive electricity supplier will exceed the incumbent
23electricity supplier's then current cap. However, if the new
24eligible customer subsequently seeks to discontinue receiving
25electric supply service from the competitive electricity
26supplier and begin receiving electric supply service from the
27incumbent electricity supplier, the new eligible customer must
28provide to the incumbent electricity supplier the notice
29required under section 10(b) of this chapter. The new eligible
30customer must provide the notice within the time prescribed
31in section 10(b) of this chapter unless the new eligible
32customer elects to receive electric supply service from the
33incumbent electricity supplier at the marginal price of
34electricity (as defined in IC 8-1-40-6) until the expiration of
35applicable notice period, as permitted under section 10(b) of
36this chapter. Upon the new eligible customer's establishment
37of electric supply service with the incumbent electricity
38supplier, the new eligible customer's load shall be considered
39in the calculation of subsequent adjustments to the incumbent
40electricity supplier's cap.
41(6) Subject to subsection (c), on an annual basis, according to
42a schedule established by the commission in rules adopted
 2026  IN 272—LS 7078/DI 101
                                    6
1under section 18 of this chapter, the commission shall, for
2each incumbent electricity supplier, publish on the
3commission's website a rank ordered queue of all eligible
4customers of the incumbent electricity supplier that are
5waiting to receive electric supply service from a competitive
6electricity supplier. The published queue must include the
7estimated amount of electric supply service that will be
8required from a competitive electricity supplier for each
9eligible customer listed in the queue.
10(7) If an incumbent electricity supplier's existing cap has
11remained at capacity for two (2) consecutive years from the
12date on which the cap took effect, the commission shall, on its
13own motion or upon the request of one (1) or more eligible
14customers of the incumbent electricity supplier, conduct a
15proceeding to review the incumbent electricity supplier's cap
16and may increase the cap if:
17(A) one (1) or more eligible customers of the incumbent
18electricity supplier are in the queue described in
19subdivision (6) as of the expiration of the two (2) year
20period described in this subdivision; or
21(B) there exists evidence of sustained or accelerated load
22growth for the incumbent electricity supplier over the
23course of the two (2) year period described in this
24subdivision.
25If the commission determines that clause (A) or (B) applies,
26the commission shall issue a general administrative order
27increasing the incumbent electricity supplier's cap. The
28commission shall issue a general administrative order under
29this subdivision not later than twelve (12) months after the
30date on which the commission initiated a proceeding under
31this subdivision or the date on which the commission first
32received a request to initiate a proceeding under this
33subdivision, whichever occurred first.
34(8) Every two (2) years after the commission issues a general
35administrative order under subdivision (7), the commission
36shall conduct a proceeding to review the incumbent electricity
37supplier's then current cap and consider whether the cap
38should be increased or removed based on:
39(A) the total load comprising the incumbent electricity
40supplier's queue under subdivision (6);
41(B) the projected load growth of the incumbent electricity
42supplier; and
 2026  IN 272—LS 7078/DI 101
                                   7
1(C) other market factors the commission considers
2relevant.
3    (c) Upon request by an incumbent electricity supplier or an
4 eligible customer of an incumbent electricity supplier, the
5 commission shall determine whether any information required to
6 be published on the commission's website under subsection (b)(6):
7(1) is confidential under IC 5-14-3-4;
8(2) is exempt from public access and disclosure by Indiana
9law; and
10(3) must be treated as confidential and protected from public
11access and disclosure by the commission.
12    Sec. 10. (a) At any time during which there is available capacity
13 under an incumbent electricity supplier's cap, an eligible customer
14 of the incumbent electricity supplier may elect to receive electric
15 supply service from a competitive electricity supplier by providing
16 advance written notice to the incumbent electricity supplier at least
17 thirty (30) days before the date on which the eligible customer
18 requests termination of electric supply service from the incumbent
19 electricity supplier.
20    (b) An eligible customer that has elected to receive electric
21 supply service from a competitive electricity supplier under
22 subsection (a) may subsequently discontinue receiving electric
23 supply service from the competitive electricity supplier and resume
24 receiving electric supply service from the incumbent electricity
25 supplier if the incumbent electricity supplier has sufficient
26 available capacity under its then current cap. An eligible customer
27 that seeks to resume electric supply service under the incumbent
28 electricity supplier's applicable tariff must provide to the
29 incumbent electricity supplier advance written notice of the eligible
30 customer's requested service date as follows:
31(1) If the eligible customer's peak demand did not exceed
32twenty-five (25) megawatts during the most recently
33concluded calendar year, the eligible customer must provide
34notice to the incumbent electricity supplier at least thirty (30)
35days before the requested service date.
36(2) If the eligible customer's peak demand exceeded
37twenty-five (25) megawatts during the most recently
38concluded calendar year, the eligible customer must provide
39notice to the incumbent electricity supplier at least one
40hundred eighty (180) days before the requested service date.
41 However, an eligible customer that seeks to resume electric supply
42 service under the incumbent electricity supplier's applicable tariff
 2026  IN 272—LS 7078/DI 101
                                  8
1 before the expiration of the applicable notice period under this
2 subsection shall be permitted to receive electric supply service
3 from the incumbent electricity supplier at the marginal price of
4 electricity (as defined in IC 8-1-40-6) until the expiration of
5 applicable notice period.
6    Sec. 11. (a) On any customer bill issued by an incumbent
7 electricity supplier after June 30, 2027, the incumbent electricity
8 supplier must include a breakdown of the charges and fees that
9 make up the total amount owed for the billing cycle, including a
10 description of the service or cost associated with each charge or
11 fee, if not apparent on its face. To the extent applicable, the
12 following must be delineated as specific line items on each
13 customer bill:
14(1) Distribution and delivery charges.
15(2) Transmission charges.
16(3) Generation and supply charges, including the cost per unit
17consumed.
18(4) Individual program charges, separately stated for each
19program for which the customer is charged, including energy
20efficiency programs, low income assistance programs,
21demand response programs, and any other programs outside
22the provision of basic service.
23(5) Account or program credits.
24(6) Taxes.
25(7) Account management and billing fees.
26(8) Any other applicable charges or fees.
27    (b) Before July 1, 2027, an incumbent electricity supplier shall:
28(1) take appropriate internal operational measures to
29separate the incumbent electricity supplier's costs so as to
30accurately reflect those costs in associated charges and fees
31charged to customers and itemized in customer bills issued
32after June 30, 2027, under subsection (a);
33(2) amend all existing approved retail tariffs to reflect these
34itemized charges and fees and post the tariffs, as amended, on
35the incumbent electricity supplier's website; and
36(3) file the amended tariffs with the commission.
37 Upon receiving an incumbent electricity supplier's amended retail
38 tariffs under subdivision (3), the commission shall post the
39 amended tariffs on the commission's website. The commission may
40 not approve any new retail tariff filed with the commission by an
41 incumbent electricity supplier after June 30, 2027, unless the tariff
42 includes an itemization of the charges and fees set forth in
 2026  IN 272—LS 7078/DI 101
                                  9
1 subsection (a).
2    Sec. 12. (a) An incumbent electricity supplier may not:
3      (1) impose any charges for electric supply service on an
4      eligible customer receiving electric supply service from a
5      competitive electricity supplier; or
6      (2) allocate to an eligible customer receiving electric supply
7      service from a competitive electricity supplier costs that are
8      incurred by the incumbent electricity supplier in providing
9      electric supply service.
10    (b) The commission shall establish, in rules adopted under
11 section 18 of this chapter, requirements for an incumbent
12 electricity supplier to provide to a competitive electricity supplier
13 historical usage data for an eligible customer that seeks to receive
14 electric supply service from the competitive electricity supplier.
15 The commission's rules must provide for the following:
16      (1) Historical usage data for the eligible customer must
17      include:
18(A) at least twenty-four (24) months of customer usage or
19metering data; and
20(B) other customer information necessary to facilitate
21electric supply service transactions, including customer
22class details such as capacity and transmission allocations
23and loss factors.
24      If the eligible customer has received electric supply service
25      from the incumbent electricity supplier for less than
26      twenty-four (24) months, the incumbent electricity supplier
27      shall provide customer usage or metering data for the length
28      of time the eligible customer has received electric supply
29      service from the incumbent electricity supplier.
30      (2) Historical usage data must include both:
31(A) monthly usage totals; and
32(B) interval usage data, to the extent available;
33      delineated in terms of both kilowatt hour energy consumed
34      and kilowatt demand.
35      (3) For the duration of the time that an eligible customer
36      receives electric supply service from a competitive electricity
37      supplier, the incumbent electricity supplier shall make
38      available to the competitive electricity supplier such customer
39      usage data as is necessary to facilitate invoicing by the
40      competitive electricity supplier in a timely manner.
41    (c) The requirements established by the commission under
42 subsection (b) must include a process by which a competitive
 2026  IN 272—LS 7078/DI 101
                                   10
1 electricity supplier may confirm and document an eligible
2 customer's consent to release to the competitive electricity supplier
3 the customer usage data described in subsection (b). The
4 requirements must provide that an electronic signature or another
5 similar technology may be used in confirming an eligible
6 customer's consent.
7    (d) An eligible customer of an incumbent electricity supplier
8 that receives electric supply service from a competitive electricity
9 supplier shall be billed through a dual billing arrangement in
10 which the eligible customer receives for the applicable billing cycle:
11(1) a bill from the competitive electricity supplier for electric
12supply service; and
13(2) a bill from the incumbent electricity supplier for
14transmission and distribution service.
15    Sec. 13. (a) The commission shall establish, in rules adopted
16 under section 18 of this chapter, a licensing process for competitive
17 electricity suppliers that seek to provide electric supply service to
18 eligible customers of incumbent electricity suppliers in Indiana.
19 The commission's rules establishing a licensing process must
20 provide for the following:
21(1) Before issuing a competitive electricity supplier a license
22to provide electric supply service, the commission must find
23that the competitive electricity supplier has the financial,
24managerial, and technical ability necessary to provide
25adequate electric supply service to eligible customers of an
26incumbent electricity supplier.
27(2) As a condition of receiving and maintaining a license, a
28competitive electricity supplier must do the following:
29(A) Pay to the commission an annual licensing fee of ten
30thousand dollars ($10,000).
31(B) Execute and maintain a surety bond, or an equivalent
32financial security instrument, that is:
33(i) issued by a qualified surety, insurance company, or
34other financial institution authorized to do business in
35Indiana;
36(ii) in the amount of not less than one million dollars
37($1,000,000); and
38(iii) paid by the competitive electricity supplier.
39In submitting an application for a license to the
40commission, the competitive electricity supplier shall
41include a copy of the required surety bond or financial
42security instrument, including a notarized verification
 2026  IN 272—LS 7078/DI 101
                                  11
1from the issuer.
2(C) Provide electric supply service to an eligible customer
3in accordance with a written contract, agreement, or
4arrangement executed by the competitive electricity
5supplier and the eligible customer.
6(D) Pay all applicable state taxes.
7     (b) The commission must issue an order approving or denying
8 a competitive electricity supplier's application for a license not
9 later than ninety (90) days after the filing date of the application.
10 If the commission denies the application, the competitive electricity
11 supplier may resubmit the application without prejudice after
12 curing any defects in the application identified by the commission.
13 If the commission does not issue an order approving or denying a
14 competitive electricity supplier's application for a license within
15 the ninety (90) day period prescribed by this subsection, the
16 application is considered approved.
17     (c) The commission may investigate consumer complaints
18 against a competitive electricity supplier. If, after such
19 investigation, the commission determines that the competitive
20 electricity supplier has violated any provision of this chapter or of
21 any rules adopted by the commission under section 18 this chapter,
22 the commission may, after giving notice and an opportunity for
23 hearing to the competitive electricity supplier:
24(1) revoke or suspend the competitive electricity supplier's
25license under this section; or
26(2) place the competitive electricity supplier on probationary
27status, which may include:
28(A) enhanced oversight;
29(B) additional reporting requirements; or
30(C) submission to the commission of a plan for corrective
31action.
32     (d) An incumbent electricity supplier that seeks to provide
33 electric supply service outside its assigned service area under
34 IC 8-1-2.3 must do so through a functionally separate, nonutility
35 affiliate that is subject to the licensing requirements set forth in
36 this section.
37     (e) Except for the license required under this section to provide
38 competitive electric supply service to eligible customers of an
39 incumbent electricity supplier, a competitive electricity supplier is
40 not required to obtain any other license, certificate, or
41 authorization from the commission.
42     Sec. 14. In rules adopted under section 18 of this chapter, the
 2026  IN 272—LS 7078/DI 101
                                   12
1 commission shall establish a procedure by which any of the
2 following may elect to become subject to this chapter so as to
3 enable its customers who meet the criteria set forth in section 5 of
4 this chapter to receive electric supply service from a competitive
5 electricity supplier:
6(1) A municipally owned utility (as defined in IC 8-1-2-1(h)).
7(2) A corporation organized under IC 8-1-13.
8(3) A corporation organized under IC 23-17 that is an electric
9cooperative and that has at least one (1) member that is a
10corporation organized under IC 8-1-13.
11     Sec. 15. In any proceeding for a change in the basic rates and
12 charges of an incumbent electricity supplier, the commission shall
13 do the following:
14(1) Ensure that the receipt of electric supply service by eligible
15customers from a competitive electricity supplier, as
16permitted under the incumbent electricity supplier's
17applicable cap, will not result in an unreasonable shifting of
18costs to other nonparticipating eligible customers or to other
19customer classes of the incumbent electricity supplier.
20(2) Consider the avoided generation and purchased power
21costs inuring to the benefit of the incumbent electricity
22supplier's ratepayers as a result of any reduction in the
23incumbent electricity supplier's:
24(A) electric supply service obligations; or
25(B) planning reserve margin requirement with the
26appropriate regional transmission organization (as defined
27in IC 8-1-8.5-13(b));
28as a result of eligible customers receiving electric supply
29service from competitive electricity suppliers.
30     Sec. 16. In any integrated resource plan filed with the
31 commission under 170 IAC 4-7 after June 30, 2027, an incumbent
32 electricity supplier shall not incorporate into the incumbent
33 electricity supplier's forecasts or load projections the loads of
34 eligible customers receiving electric supply service from a
35 competitive electricity supplier at the time of filing.
36     Sec. 17. Beginning in 2028, the commission shall include in the
37 annual report that the commission is required to submit under
38 IC 8-1-1-14 before October 1 of each year the following
39 information as of the last day of the most recently concluded state
40 fiscal year:
41(1) The total amount of licensing fees collected from
42competitive electricity suppliers during the most recently
 2026  IN 272—LS 7078/DI 101
                                 13
1     concluded state fiscal year.
2     (2) The current cap for each incumbent electricity supplier.
3     (3) For each incumbent electricity supplier:
4(A) the total number of eligible customers receiving
5electric supply service from a competitive electricity
6supplier; and
7(B) the total load in megawatt hours associated with those
8eligible customers.
9     (4) Subject to section 9(c) of this chapter, for each incumbent
10     electricity supplier, the rank ordered queue of eligible
11     customers of the incumbent electricity supplier that are
12     waiting to receive electric supply service from a competitive
13     electricity supplier, as of the last day of the most recently
14     concluded state fiscal year. The information provided under
15     this subdivision must include the estimated amount of electric
16     supply service that will be required from a competitive
17     electricity supplier for each eligible customer listed in the
18     queue.
19   Sec. 18. The commission shall adopt rules under IC 4-22-2 to
20 implement this chapter.
21   SECTION 2. An emergency is declared for this act.
 2026  IN 272—LS 7078/DI 101