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

Back to TopPrintE-mail
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. 

Back to Events
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. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

ADVERTISEMENT