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

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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.

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  1. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  2. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  3. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  4. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

  5. What form or who do I talk to about a d felony which I hear is classified as a 6 now? Who do I talk to. About to get my degree and I need this to go away it's been over 7 years if that helps.

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