ILNews

Court rules in favor of steel company in dispute

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Supreme Court affirmed Tuesday the Indiana Utility Regulatory Commission's grant of summary judgment in favor of a steel production facility in a contract dispute involving a public utility. Before ruling on the summary judgment, the high court first had to decide which standard of review to use.

In Northern Indiana Public Service Co. v. United States Steel Corp., No. 93S02-0809-EX-489, the Northern Indiana Public Service Co. and United States Steel Corp. disagreed on the application of a price adjustment provision based on a 1999 contract. NIPSCO believed it applied to both an energy charge and demand charge; U.S. Steel believed it only applied to the energy charge. The IURC approved the original contract based on a settlement agreement and contract for electric industrial power service submitted to the agency. U.S. Steel filed a complaint seeking to enforce its interpretation of the contract in 2006 and filed for summary judgment; the commission granted the motion. The Indiana Court of Appeals reversed.

NIPSCO wanted the Supreme Court to apply a de novo standard because the case involves summary judgment and a question of law. It argued the appeal isn't the product of a regulatory settlement but a contract dispute between two private parties.

The commission approved the contract, effectively making it an order of the commission, so when ruling on the summary judgment motion, that means the IURC interpreted its own order, not a contract, wrote Chief Justice Randal T. Shephard. Approving such contracts and resolving disputes is intrinsic to the commission's regulation of utility rates, he wrote.

Agencies, such as the Indiana Utility Regulatory Commission, aren't judicial bodies, but are executive branch institutions which the General Assembly has empowered with delegated duties. Adjudication by an agency deserves a higher level of deference than a summary judgment order by a trial court falling squarely within the judicial branch, so the high court applied the established standard for judicial review of commission orders, he wrote.

Using that standard of review, the high court ruled 4-1 the IURC didn't err in interpreting the contract. The commission determined that other documents the parties executed at the same time as the contract, but didn't submit to the commission, couldn't be used to explain, expand, or vary the contract's terms because the contract wasn't ambiguous.

NIPSCO argued adjustment applies to both the energy charge and demand charge, but the commission rejected its argument, finding the utility misapplied the adjustment based on the agreed upon contract terms and rates approved by the commission. NIPSCO's argument on appeal doesn't persuade the justices that the IURC's interpretation of the contract was unreasonable. Justice Frank Sullivan dissented without an opinion, because he would have denied transfer believing the Court of Appeals' conclusion was correct.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  2. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  3. wow is this a bunch of bs! i know the facts!

  4. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  5. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

ADVERTISEMENT