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. |