Sec. 21. (a) This section applies to an energy utility that submits to the commission for approval a generation resource submittal in accordance with an approved EGR plan. (b) Notwithstanding IC 8-1-8.5 or any other statute, the commission may approve an energy utility's generation resource submittal to construct, purchase, lease, or otherwise acquire generation resources under this chapter for purposes of meeting the needs of the energy utility's customers. The commission shall make its decision based solely on whether the submittal meets the criteria and requirements set forth in the energy utility's approved EGR plan. (c) The commission may: (1) approve the energy utility's generation resource submittal in its entirety; (2) deny the energy utility's generation resource submittal in its entirety; or (3) modify the energy utility's generation resource submittal, subject to the energy utility's acceptance of the modification. (d) The commission shall issue a final order on the energy utility's generation resource submittal not later than: (1) sixty (60) days after receiving the energy utility's complete generation resource submittal, if the acquisition is a clean energy project (as defined in IC 8-1-8.8-2 ); or (2) one hundred twenty (120) days after receiving the energy utility's complete generation resource submittal, if the acquisition would otherwise require a certificate under IC 8-1-8.5-2 . A generation resource submittal is considered complete unless the commission provides a notice of deficiency to the energy utility not later than five (5) business days after the filing of the generation resource submittal. A generation resource submittal is considered approved if the commission does not issue a final order on the generation resource submittal within the period set forth in subdivision (1) or (2), as applicable.
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