Duke Energy vs. Indiana Utility Regulation Commission - 11/5/12

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Monday  November 5, 2012 
1:30 PM  EST

1:30 p.m. 93A02-1111-EX-1042. A January 2009 ice storm in southern Indiana caused damage to Duke Energy Indiana’s electrical system. Duke filed a petition with the Indiana Utility Regulatory Commission (IURC) seeking deferred accounting treatment for its operating expenses relating to this storm. An evidentiary hearing was held, and Scott Storms was the administrative law judge. The Indiana Office of Utility Consumer Counselor (OUCC) opposed Duke’s request for deferred accounting treatment on grounds that it constituted both retroactive ratemaking and single-issue ratemaking. The IURC approved Duke’s request, and the OUCC appealed. While the OUCC’s appeal was pending before this Court, Storms accepted employment with Duke. After it was discovered that Storms was negotiating employment with Duke while cases involving Duke – including this one – were pending before him, an investigation was launched. Pursuant to Indiana Appellate Rule 37, the OUCC filed a verified motion for stay of appeal and remand. This Court granted the OUCC’s motion and remanded this case to the IURC. In addition, the IURC reopened this case for further review and consideration. When this case was reopened, both Duke and the OUCC presented updated testimony. This time, however, the IURC reached a different result, concluding that Duke’s request for deferred accounting did not merit an exception to the general prohibition against retroactive and single-issue ratemaking. Duke now appeals arguing that the IURC did not have any legal basis to reverse its earlier decision. The Indiana Energy Association appears as Amicus Curiae. 

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  1. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

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