Duke Energy v. Indiana Utility Regulation Commission - 12/10/12

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Monday  December 10, 2012 
1:30 PM  EST

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.

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