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Wednesday, December 05, 2012

Ind. Courts - Upcoming COA oral argument in Duke v. IURC

The Indiana Court of Appeals has issued this news release on the upcoming oral argument:

Duke Energy and IURC to argue rate case before Court of Appeals

At issue: Company’s request for deferred accounting treatment

INDIANAPOLIS - The Court of Appeals of Indiana will hear oral argument in Duke Energy v. Indiana Utility Regulatory Commission at 1:30 p.m., Dec. 10 in the Indiana Supreme Court courtroom. Each side will have 30 minutes to argue. * * *

In this case, Duke appeals an adverse IURC decision involving deferred accounting treatment for operating expenses that Duke incurred after a 2009 ice storm. The case reaches the Court of Appeals after an involved history:

After the storm, Duke sought deferred accounting treatment for its operating expenses, which the IURC approved after an evidentiary hearing before Administrative Law Judge Scott Storms. The Office of Utility Consumer Counselor appealed, contending that Duke’s petition constituted both retroactive and single-issue ratemaking.

While the appeal was pending, Storms accepted a job offer from Duke. When it was later learned that Storms had been negotiating the job while this case and others involving Duke were pending before him, the OUCC asked the Court of Appeals to stay its appeal and remand the case to the IURC.

The court agreed, the IURC reopened the case, and both Duke and the OUCC presented updated testimony.

This time, however, the IURC concluded that Duke’s request did not merit an exception to the general prohibition against retroactive and single-issue ratemaking. Duke now appeals.

The Indiana Energy Association has filed an amicus brief supporting Duke’s position.

On Monday, in its regular feature, Upcoming Oral Arguments, the ILB posted notice of this upcoming oral argument, quoting the somewhat different synopsis included on the Court notice/calendar.

Posted by Marcia Oddi on December 5, 2012 09:16 AM
Posted to Indiana Courts