Will Indiana's economy cool due to rising energy costs?

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Indiana Lawyer Focus

If you own the poplar iPhone application “Gas Buddy,” then you are no doubt familiar with its periodic “Price Hike Alerts” warning of impending local gas price spikes. Though not as imminent or dramatic as the overnight price spikes we often see at the pumps, there is indeed an increase looming for Indiana’s electricity prices. Indiana is losing its foot-hold as a low-cost energy state, having dropped from fourth to 13th in the nation since 2002. The reason? Simply stated, new and pending environmental regulations are requiring cleaner coal energy. For better or worse, more than 80 percent of Indiana’s electricity generation comes from coal. The cost to clean up the coal plants to meet environmental regulations can easily climb into the hundreds of millions.

shoultz Shoultz

Another culprit for Indiana’s rising energy costs is Father Time. More than 76 percent of Indiana’s utility-owned electricity generating units are nearing retirement with over 30 years in service. There’s a bit of a perfect storm brewing, leaving Indiana utilities with few good choices for serving demand, controlling prices and complying with environmental regulations.

Indiana’s largest commercial and industrial companies are understandably concerned. One Hoosier manufacturer has stated that utilities account for approximately 50 percent of its total costs to convert raw materials to a finished, marketable product. Many of Indiana’s manufacturers are competing nationally and internationally. While Indiana enjoys the jobs and tax contributions from large companies, the cost of energy often plays a significant role in a company’s decision to stay here, particularly when millions can be saved by relocating production facilities to another state or country with lower-cost energy.

Like commuters jockeying to find cheap gas before the price hike, some Indiana companies are exploring ways to minimize the harm expected from increasing electricity prices. Some are considering building their own generation facilities; others are seeking discounted rates through special contracts with their electric utility. Many are taking a closer look at ways to conserve energy, either through efficiency measures or by agreeing to interrupt their operations during high-cost peak demand periods.

Policymakers have noticed. In the 2013 session, the Indiana General Assembly passed legislation that, among other things, allows large customers to apply for short-term discounts of up to 30-percent off a portion of their electricity bill. To receive the discounts, companies must get approval from the Indiana Economic Development Corporation and show that the discount is necessary to attract and maintain jobs. After prodding by some of Indiana’s largest companies, the Indiana Utility Regulatory Commission is now investigating whether large users must pay for their utility’s standard energy efficiency programs if the customer self-funds its own initiative that is specifically tailored to reduce the customer’s energy consumption.

Many question if Indiana can be saved by competition. On Sept. 19, the Indiana General Assembly’s Regulatory Flexibility Committee will hear at least one view on whether Indiana’s law should be changed to allow customers to choose their electricity provider. Proponents of the idea say that in “customer choice” states like Illinois, customers enjoy lower overall electricity prices because the competitive market is at work. Opponents, including Indiana’s investor-owned utilities, say that states with customer choice actually have higher electricity rates. They claim that an open market creates volatility, which in turn discourages utilities from investing in much-needed baseload capacity.

It is too soon to tell whether our state’s energy policy has gone far enough to save Indiana’s economy from an exodus of our largest businesses. Will our leaders successfully navigate the complicated political waters to create energy policies that attract and retain jobs critical to Indiana’s economy while satisfying residential customers, utilities and federal mandates for cleaner energy? It is a tall order, for sure, but we need to get it right.•


Nikki Shoultz is a partner is the Utilities, Energy & Renewables Group at Bose McKinney & Evans LLP. She can be reached at


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  1. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  2. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  3. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  4. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well

  5. Sex offenders are victims twice, once when they are molested as kids, and again when they repeat the behavior, you never see money spent on helping them do you. That's why this circle continues