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Tuesday, December 17, 2013

Ind. Decisions - Supreme Court decides Indiana Gas (Rockport) case

The 6-page, 5-0 opinion is Indiana Gas Company, Inc. and Southern Indiana Gas and Electric Company, et al v. Indiana Finance Authority and Indiana Gasification, LLC. The opinion finds that the contract, as amended, is valid, meaning it does not have to go back to the IURC, and is thus a win for Indiana Gasification. From the opinion, written by Chief Justice Dickson:

This is an appeal from an order of the Indiana Utility Regulatory Commission ("the IURC") approving a contract for the purchase of substitute natural gas ("SNG") and directing the procedure for resolving future related disputes. After the Court of Appeals voided the contract because a definitional term deviated from the required statutory definition, the contracting parties amended the contract to correct the error. We hold that the contract, as amended, renders the definitional issue moot and summarily affirm the Court of Appeals as to all other claims. * * *

Finding the definition of REUC in the Amended Contract to be compatible with the SNG Act, we dismiss that issue as moot and affirm the IURC's Order approving the Contract. As to all other claims, we summarily affirm the decision of the Court of Appeals.

ILB: If this is confusing, see the last part of this ILB entry from Dec. 12th, quoting from an earlier John Russell story in the Star.

Posted by Marcia Oddi on December 17, 2013 11:26 AM
Posted to Ind. Sup.Ct. Decisions