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Transfer granted in utilities case

September 15, 2008

The Indiana Supreme Court granted transfer Sept. 11 to a case involving a contract for the sale of electricity to a steel manufacturer.

In Northern Indiana Public Service Co. v. United States Steel Corp., No. 93A02-0706-EX-467, the Indiana Court of Appeals reversed the grant of U.S. Steel's motion for summary judgment. U.S Steel filed a complaint against Northern Indiana Public Service Co. with the Indiana Utilities Regulatory Commission following a price adjustment in an agreement between NIPSCO and U.S. Steel.

The two parties disagreed whether a market-based price adjustment factor applied to the demand charge, which measured prices in dollars-per-kilowatt.

The Court of Appeals ruled summary judgment should have been granted to NIPSCO and remanded for the IURC to enter summary judgment in favor of the company. The case was also remanded to calculate the amount U.S. Steel owes NIPSCO for application of the market-based price adjustment factor to the demand charge beginning Oct. 1, 2005.

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