Citizens Action Coalition v. Duke Energy Indiana - 6/25/14

Back to TopPrintE-mail
Wednesday  June 25, 2014 
1:00 PM  EST

1 p.m. 93A02-1305-EX-394. Krannert Center for Executive Education, West Lafayette. In November 2007, Duke Energy Indiana, Inc. ("Duke") received approval from the Indiana Utility Regulatory Commission ("IURC") to build an "integrated gasification combined cycle" power plant ("Plant") at Duke's Edwardsport facility in Knox County, Indiana. As allowed under Indiana Code section 8-1-8.5-6, the IURC ordered semi-annual reviews of the Plant's construction progress. During each six-month review, and as permitted under Indiana Code chapter 8-1-8.8, Duke asked the IURC for permission to timely recover "reasonable and necessary" constructions costs and financing costs through customer utility rates. In the instant action, Citizens Action Coalition of Indiana, Inc., Save the Valley, Inc., Sierra Club, and Valley Watch, Inc. ("Joint Intervenors") appeal from the IURC's order in its ninth semi-annual review. On appeals, the Joint Intervenors present the following issues:
   Whether the IURC committed reversible error by authorizing inclusion of 100 percent of Duke's requested financing costs (under Indiana Code section 8-1-8.8-12) in retail customer rates without making any findings of fact or conclusions thereon regarding Joint Intervenors' argument that Duke cannot recover financing costs for a three-month delay in construction; and
   Whether the IURC committed reversible error by unconditionally allowing Duke to declare 50 percent of the Plant to be "in service" without making any findings of fact or conclusions thereon, and despite Duke's admission that the Plant had not reached its "In-Service Operational Date" as that term was defined in the Settlement Agreement to which Duke was a party.

Back to Events
Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  2. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

  3. So this firebrand GOP Gov was set free by a "unanimous Supreme Court" , a court which is divided, even bitterly, on every culture war issue. WHAT A RESOUNDING SLAP in the Virginia Court's face! How bad must it have been. And all the journalists, lap dogs of the status quo they are, can do is howl that others cannot be railroaded like McDonald now??? Cannot reflect upon the ruining of Winston and Julia's life and love? (Oh I forget, the fiction at this Ministry of Truth is that courts can never err, and when they do, and do greatly, as here, why then it must be ignored, since it does not compute.)

  4. My daughter is a addict and my grandson was taken by DCS and while in hospital for overdose my daughter was told to sign papers from DCS giving up her parental rights of my grandson to the biological father's mom and step-dad. These people are not the best to care for him and I was never called or even given the chance to take him, but my daughter had given me guardianship but we never went to court to finalize the papers. Please I have lost my daughter and I dont want to lose my grandson as well. I hope and look forward to speaking with you God Bless and Thank You for all of your help

  5. To Bob- Goooooood, I'm glad you feel that way! He's alive and happy and thriving and out and I'm his woman and we live in West Palm Beach Florida, where his parents have a sprawling estate on an exclusive golf course......scum bag

ADVERTISEMENT