Justices grant transfer in disputed energy utility case, deny nine others

Indiana Supreme Court justices granted transfer to one case last week regarding a dispute that resulted in a reversal for several environmental groups against a southern Indiana electric company.

Justices granted transfer in the case of Indiana Office of Utility Consumer Counselor, et al. v. Southern Indiana Gas and Electric Company, et al, 22S-EX-166.

There, the Court of Appeals of Indiana reversed a ruling that favored Southern Indiana Gas and Electric Company, doing business as Vectren Energy Delivery of Indiana. Issues in the case stem from an Indiana law enacted in 2017 that governs public electric utility purchases of excess distributed generation (EDG) from incoming distributed generation (DG) customers.

The Indiana Utility Regulatory Commission had approved a tariff rate rider incorporating the process of “instantaneous netting,” but was met with opposition from the Indiana Office of Utility Consumer Counselor, Citizens Action Coalition of Indiana, Inc., Vote Solar, Environmental Law & Policy Center, Solarize Indiana, and Solar United Neighbors.

The energy groups appealed and ultimately secured a reversal from the COA, which held that the rider basis for the calculation of excess distributed generation credits was inconsistent with Indiana Code § 8-1-40-5.

Justices denied the remaining nine cases up for the high court’s consideration for the week ending June 3. A list of those cases can be found here.  

Please enable JavaScript to view this content.

{{ articles_remaining }}
Free {{ article_text }} Remaining
{{ articles_remaining }}
Free {{ article_text }} Remaining Article limit resets on
{{ count_down }}