Sec. 26. (a) Upon request by an energy utility, the commission shall determine whether the information and related materials filed or submitted, or to be filed or submitted, by an energy utility under this chapter: (1) are confidential under IC 5-14-3-4 or are trade secrets under IC 24-2-3 ; (2) are exempt from public access and disclosure by Indiana law; and (3) must be treated as confidential and protected from public access and disclosure by the commission. (b) The parties to a pre-filing meeting under this chapter shall execute a nondisclosure agreement to review or discuss information or materials considered confidential under IC 5-14-3-4 or to be trade secrets under IC 24-2-3 . (c) If the corporation is in negotiations with an industrial, research, or commercial prospect about a potential economic development project and, based on communications related to those negotiations, determines that the potential economic development project for a new or expanded facility in Indiana may result in the economic development project requiring new or increased energy demand of at least twenty (20) megawatts, the corporation shall notify the affected energy utility not later than fifteen (15) days after making the determination. All communications of the corporation, including notice under this section to an affected energy utility, regarding a potential economic development project are considered confidential and exempt from disclosure under IC 5-14-3-4 (b)(5). Upon the corporation's provision of the notice required by this subsection, any subsequent: (1) meeting; (2) pre-filing meeting; (3) communications; or (4) information sharing; involving the corporation, the affected energy utility, or the industrial, research, or commercial prospect about a potential economic development project may be subject to a nondisclosure agreement with respect to information or materials considered confidential under IC 5-14-3-4 or to be trade secrets under IC 24-2-3 . (d) An energy utility may request, and the commission may approve, financial incentives under IC 8-1-8.8-11 (a) for: (1) an acquisition; or (2) a project; that qualifies as a clean energy project (as defined in IC 8-1-8.8-2 ). (e) An energy utility may request that review of an arrangement under IC 8-1-2-24 and any related rates and charges under IC 8-1-2-25 that are: (1) submitted with a generation resource submittal; or (2) filed with a petition for a project; under this chapter be reviewed and approved or denied by the commission not later than ninety (90) days after the date of submittal or filing, as applicable. (f) Notwithstanding IC 8-1-8.5 or any other applicable statute, an energy utility may begin construction of an acquisition or a project before filing a petition or submittal under this chapter. (g) The commission may require an energy utility to file with the commission progress reports and updates with respect to an acquisition or project under this chapter. Any required progress reports or updates under this subsection shall be made in a form and at a frequency that the commission determines to be reasonable. IC 8-1-8 Chapter 8. Condemnation by Utilities 8-1-8-1 Limitations on power 8-1-8-2 Repealed 8-1-8-3 Construction of chapter
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