COA affirms IURC has no jurisdiction over gas vendor

August 28, 2015

A northern Indiana business that filed a complaint with the Indiana Utility Regulatory Commission when its gas bills were higher than expected lost its appeal of the agency’s dismissal of the complaint Friday.

Winona Power Coating Inc. and an affiliated business filed an IURC complaint against Spark Energy, a natural gas vendor offered by Northern Indiana Public Service Co. under a choice program allowing customers to select suppliers.

“Because Spark is not a public utility, the Commission does not have statutory jurisdiction over this case,” Chief Judge Nancy Vaidik wrote, affirming IURC’s dismissal of Winona’s complaint in Winona Powder Coating, Inc., and Winona PVD Coatings, LLC v. Spark Energy Gas, LP,  93A02-1503-EX-160.

“In addition, neither the Supplier Aggregation Service Agreement (SASA) – including its Code of Conduct – between NIPSCO and Spark, nor the Natural Gas Sales Agreement between Spark and Winona vest the Commission with jurisdiction,” the panel held.



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