US Edition'Big Win' for Consumer Group and Duke Customers in Fight over Old Coal Ash Cleanup Costs
The Indiana Court of Appeals ruled that Duke Energy cannot retroactively recover $62 million in coal ash cleanup costs from customers, reversing a prior regulatory approval.
- On Tuesday, the Indiana Court of Appeals ruled that Hoosier utility regulators impermissibly applied Indiana law retroactively by allowing Duke Energy Indiana to raise rates, reversing the Indiana Utility Regulatory Commission's approval and ordering reconsideration, Judge Paul Mathias wrote.
- The EPA's 2015 rules prompted Duke Energy Indiana to file a 2019 rate filing, and after the Indiana General Assembly's 2023 bill, regulators approved cost recovery, sparking legal challenges.
- The appellate court found Citizens Action Coalition had standing and targeted cleanup costs before 2023; Kerwin Olson said, `This is a big win.`
- Judge Mathias cited Indiana Supreme Court precedent that statutes operate prospectively, rejecting Duke Energy Indiana's claim that the Indiana General Assembly changes were purely remedial.
- The ruling could reshape how utilities seek cost recovery as the Indiana Court of Appeals narrowed regulators' power to approve retroactive charges, following a 2023 block on Duke Energy Indiana's past cost recovery attempts.
12 Articles
12 Articles
Kokomo Tribune
CNHI NewsAppeals court says regulators ‘impermissibly’ let Duke raise rates for coal cleanup
Hoosier utility regulators “impermissibly applied” Indiana law retroactively when they let Duke Energy raise customer rates to recover coal ash compliance costs, the Indiana Court of Appeals ruled Tuesday.
journalgazette.net
Indiana appeals court rules that regulators ‘impermissibly’ let Duke raise rates for coal cleanup
Hoosier utility regulators “impermissibly applied” Indiana law retroactively when they let Duke Energy raise customer rates to recover coal ash compliance costs, the Indiana Court of Appeals ruled this week.
Indiana appeals court rules that regulators ‘impermissibly’ let Duke raise rates for coal cleanup | City-County Observer
BY: LESLIE BONILLA MUÑIZ , THE INDIANA CAPITAL CHRONICLE Hoosier utility regulators “impermissibly applied” Indiana law retroactively when they let Duke Energy raise customer rates to recover coal ash compliance costs, the Indiana Court of Appeals ruled Tuesday. Judge Paul Mathias — writing for the three-member panel — reversed the Indiana Utility Regulatory Commission’s decision and instructed it to reconsider or dismiss Duke’s rate increase app
Appeals Court Rules Indiana Regulators Improperly Allowed Duke Energy Rate Hike
The Indiana Court of Appeals has ruled that utility regulators in Indiana improperly allowed Duke Energy to raise customer rates to cover coal ash compliance costs retroactively. The court reversed the decision and instructed regulators to reconsider Duke’s rate increase application. The lawsuit stemmed from EPA rules on coal ash disposal, with Duke seeking to recover costs incurred between 2015 and 2019.
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