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

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. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  3. My situation was hopeless me and my husband was on the verge of divorce. I was in a awful state and felt that I was not able to cope with life any longer. I found out about this great spell caster drlawrencespelltemple@hotmail.com and tried him. Well, he did return and now we are doing well again, more than ever before. Thank you so much Drlawrencespelltemple@hotmail.comi will forever be grateful to you Drlawrencespelltemple@hotmail.com

  4. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  5. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

ADVERTISEMENT