1:30 p.m. 93A02-1111-EX-1042. Indiana Supreme Court courtroom. On October 5, 2010, Gov. Mitch Daniels fired Indiana Utility
Regulatory Commission (IURC) Chairman David Lott Hardy. Hardy was aware that one of his administrative law judges, Scott R.
Storms, had been communicating with Duke Energy Indiana regarding a position with the company while Storms was presiding over
administrative proceedings involving Duke, yet Hardy did not remove Storms from matters involving Duke. This was one such
case; Storms was the ALJ, the Indiana Office of Utility Consumer Counselor (OUCC) recommended denying Duke relief, but the
IURC found in favor of Duke. The IURC conducted an audit and eventually found that Storms did not exert any undue influence
in his decision. Nevertheless, the IURC reopened this case for further review and consideration of the evidence presented.
After another evidentiary hearing before a new ALJ and the full Commission, the IURC found against Duke. Duke now appeals,
mainly arguing that the IURC did not have the authority to reverse its original decision. The IURC and the OUCC ask us to
affirm. The Indiana Energy Association appears as amicus curiae.
Never heard of remand to another state. How often does that happen?
I highly recommend Deanna and her team of professionals that serve the legal community. Great information and many thanks for sharing.
they are pushing these cases against lawyers too far. thought-crime.
vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.