IURC declination of jurisdiction for Sullivan County Power (2025)
Sullivan County Power petitioned the Indiana Utility Regulatory Commission under Indiana Code section 8-1-2.5-5, which allows the Commission to decline jurisdiction over wholesale generators selling into organized markets. The Commission granted the request October 8, 2025, with all five commissioners concurring. The order required the project to forgo eminent domain, local zoning exemptions, and any retail sales in Indiana.
The project gained clear regulatory footing as a wholesale generator under MISO and Federal Energy Regulatory Commission rules.
The ruling established the jurisdictional path for a large solar project to proceed in Indiana without state public utility regulation.
The declination was a precondition for the $540M financing. Lenders could underwrite a project with defined jurisdictional status and market-based rate authority.
