Justices deny rehearing in Duke Energy coal-ash cleanup case; Goff dissents
Duke Energy will not get a second chance to convince the Indiana Supreme Court that it erred in ruling the utility cannot recoup its past costs for coal-ash cleanup efforts.
Utility law
-
Miller to lead ISBA through implementation of new strategic plan, continued COVID concerns
Indianapolis lawyer Clayton Miller will be tasked with helping to implement the Indiana State Bar Association’s new strategic plan as president of the state bar, a position he’ll assume Oct. 15. Miller will also lead the bar through the ongoing challenges of the COVID-19 pandemic, and he wants to address other big-picture issues impacting Hoosier legal professionals.
Read More -
Indiana takes steps to improve water sustainability
Hoosier lawmakers, utilities and water policy lawyers in recent years have begun to look more closely at supply and demand. Legislation passed by the General Assembly in 2019, for example, ties certain funding sources to evidence of effective water study and communication. Meanwhile, some of the state’s biggest utilities have begun efforts to increase collaboration so that water resources might be shared.
Read More
Articles
COA: $475k purchase price reasonable for Hamilton County utility acquisition
Two Hamilton County wastewater companies can move forward with their acquisition deal costing the significantly larger entity hundreds of thousands of dollars, the Indiana Court of Appeals has affirmed.
COA reverses reopening of dismissed eminent domain action
Homeowners challenging a Lake County public construction project must challenge the project’s impact on their property through a new inverse condemnation action, the Indiana Court of Appeals has ruled, reversing a ruling allowing the homeowners to reopen a previously dismissed lawsuit.
COA majority holds Clark Co. REMC breached insurance contract, but dissent finds ‘logical fallacy’
A local utility breached its contract with its former directors when it revoked their health insurance coverage, a majority of the Indiana Court of Appeals has ruled. A dissenting judge, however, found that the majority engaged in a “logical fallacy” in holding that the utility was obligated to continue providing coverage to the plaintiffs.
AES Indiana seeks to boost electric vehicle use with incentives that could raise rates
Electric vehicles account for a tiny fraction of the cars on the road today, but electric utility AES Indiana wants to boost that number by offering a raft of rebates and other incentives to customers who drive them.
Critics: Indiana panel’s report could lead to coal bailout
A group of state lawmakers and energy experts has approved a new state energy report outlining how Indiana should proceed at a time when electric utilities are seeing a big shift from coal to renewable energy sources.
COA upholds approval of IPL’s $1.2 billion plan for system investments
The Indiana Court of Appeals on Wednesday affirmed an Indiana Utility Regulatory Commission order approving Indianapolis Power & Light Company’s proposed plan involving $1.2 billion in system investments over a seven-year period. Approval of the plan was challenged by the city of Indianapolis, consumer groups and others.
Fort Wayne water utility to end shutoffs moratorium Monday
The water utility for Indiana’s second-largest city will lift its protections against utility shutoffs next week after Fort Wayne officials said the months-long moratorium had become “unsustainable.”
Merritt resigning after 30 years in state Senate
A longtime Republican state lawmaker who was unsuccessful last year in his bid to become mayor of Indianapolis is stepping down from his seat in November.
NIPSCO fined record $1.1M over safety violations
A northern Indiana utility is facing a $1.1 million fine — the largest in state history — after state regulators cited it for natural gas pipeline safety violations and specified that the company cannot pass that cost onto its ratepayers.
Appellate panel affirms IURC jurisdiction over Muncie sewer dispute
The Indiana Utility Regulatory Commission did not overstep its bounds when it granted a municipal sewer company exclusive license to do business in unincorporated areas near Muncie, the Indiana Court of Appeals has ruled, finding Indiana Code gave the IURC jurisdiction in the Delaware County dispute.
Indiana regulators deny utilities’ bid for virus relief
Indiana regulators Monday denied a request from utilities to charge ratepayers for revenue the companies expect to lose because of the coronavirus pandemic. Officials also extended a moratorium on utility service disconnection through mid-August.
Indiana negotiates deal with worst utility permit violator
An Indiana utility that committed the most permit violations in the state in the last three years is negotiating a deal with state environmental regulators to keep one of its power plants open.
Indiana regulators agree to hear utility request to raise rates in wake of pandemic losses
Two weeks after 10 Indiana utilities asked state regulators for permission to charge ratepayers for millions of dollars in revenue the utilities stand to lose because of the COVID-19 pandemic, the state has agreed to consider the matter.
IPL wins reversal in worker’s electrocution lawsuit
Precedent gave Indianapolis Power and Light a reversal in lawsuit brought by a man who was electrocuted by the utility’s uninsulated power lines.
Reversal: COA rules for gas installer company’s founder in valuation dispute
An appellate panel reversed in favor of the founder of a natural gas installation company after it found the value of his shares under a buyback provision in a company agreement couldn’t be discounted for lack of marketability and control.
Utility owes no duty to property owner in fire sprinkler flood dispute
A utility company is not responsible for extensive flooding damage to a property management company building after its fire sprinkler pipes burst after winter, the Indiana Court of Appeals ruled Wednesday.
Supreme Court hears arguments in stoplight crash suit against IPL
Indiana Supreme Court justices heard oral argument Thursday on the question of whether a utility may face liability for people injured in a traffic crash in which a malfunctioning stoplight played a role.
Justices to hear arguments in stoplight outage crash suit against IPL
Oral arguments in a negligence case brought by a family severely injured in a crash in a traffic intersection after a 2016 storm will be heard by Indiana Supreme Court justices this week. Per an order issued Monday, attendance at the argument will be limited to parties and counsel, but the argument may be viewed online.
Indiana lawmakers pass controversial coal bill
A controversial bill that would prohibit Indiana utilities from shutting down coal-fired power plants before May 2021 has passed both chambers of the Indiana General Assembly and is on its way to Gov. Eric Holcomb for his signature.