Energy and Utility Law Cases

ELECTRIC

  • NIPSCO rate investigation - Settled; settlement provided for $225 million in rate credits over initial 49-month period and continuing thereafter; all clients fully reimbursed for legal expenses; successfully defended settlement and fee award in two appeals
  • Marble Hill refund (PSI) -IURC case settled, fee recovery appeal; negotiated settlement arising from failed nuclear generating plant, resulting in $150 million refund to electricity consumers; all clients fully reimbursed for legal expenses
  • IPL environmental - IURC case and appeal; statute favoring use of Indiana coal struck down as unconstitutional, resulting in reversal of order approving expensive pollution control plan
  • U.S. Steel contract dispute - IURC case and appeal; successfully challenged NIPSCO's application of adjustment factor to two-part rate; secured summary judgment in favor of U.S. Steel at IURC and affirmance by Indiana Supreme Court
  • NIPSCO FAC-71 subdocket - Intervened at the IURC; dispute resulted in settlement agreement that provided for a $33.5 million refund and established a new benchmark for the recovery of NIPSCO's purchased power costs until an order in its next rate case; clients fully reimbursed for legal expenses
  • NIPSCO FAC-80 subdocket - Negotiated settlement by which NIPSCO provided $8.2 million refund; clients fully reimbursed for legal expenses
  • IPL FAC-78 - Intervened at the IURC; IPL voluntarily proposed to credit rate payers $30 million
  • PSI Rate Case Implementation/Retroactive Filing - IURC proceeding to enforce rate order; PSI ordered to refund $4.15M plus interest; clients fully reimbursed for legal expenses
  • Portside cogeneration - Brought complaint at IURC to require NIPSCO to provide service and receive power from cogeneration facility on reasonable terms; resolved by settlement
  • Jupiter Aluminum Corporation - Filed a complaint against NIPSCO for inadequate service provided to Jupiter, which had suffered numerous outages; NIPSCO ordered to pay Jupiter $2.5 million and take remedial measures to address the service problems
  • Duke Save-a-Watt - Intervened at IURC challenging Duke proposal seeking financial incentives to implement energy efficiency and conservation programs; Duke withdrew petition on rehearing
  • Demand response - Intervened in IURC proceeding and established avenue for large volume consumers to participate in demand response programs through utility tariff provisions
  • NIPSCO MISO deferral - IURC case and appeal; NIPSCO sought permission from the IURC for deferred accounting treatment of the MISO costs, estimated to amount to $3.5 million per year; intervened and opposed the request as being in violation of NIPSCO's rate freeze; IURC entered an order denying NIPSCO's requested relief; affirmed on appeal
  • I&M Cook outage - I&M sought to recover the cost of power I&M purchased to replace power formerly produced by Cook Nuclear Plant, which was being repaired; intervened and produced evidence that the plant required repair because of I&M's mismanagement; settled and a cap on I&M's rates was imposed
  • Black Beauty split site (PSI/REMC) - IURC proceeding and appeal; successfully established consumer's right to distribute electricity privately within mining operation
  • Limited/Gary Joint Venture (electric) - Proceedings at IURC, state court, appeal; successfully established IURC jurisdiction over dispute concerning master metering and resale of electricity at shopping mall, leading to favorable settlement
  • Airco appeal (AEP) - Appeal from IURC order; successfully established that tariff did not conform to rate order, resulting in refunds to clients
  • PSI Operating Agreement -Intervened at the IURC and FERC; as part of the settlement agreement, PSI agreed to provide $7.8 million in rate credits to retail customers for specified period
  • PSI Rate Case - PSI requested a 16-18% increase; intervened at the IURC; PSI was authorized an 8.36% increase
  • FERC Order 888 (electric) - Rehearing at FERC and federal appeal; opposed provisions of Order 888 involving recovery of transition costs (represented INDIEC)
  • AEP Merger - Intervened at IURC; settlement resulted in a continuation of the base rate and fuel factor freeze
  • NIPSCO Rate 845 - Complaint against NIPSCO for improper application of Tariff Rate 845; the dispute was resolved through a settlement
  • Conopco and Cerestar billing disputes (NIPSCO) - Complaints against NIPSCO for improper application of rate; disputes were resolved by settlement
  • U.S. Steel/South Works (NIPSCO) - Complaint case at IURC settled; represented industrial consumer in dispute over application of electric tariff
  • I&M Alternative Fee Service (AFS)

GAS

  • Indiana Gas rate case - Settled; reduced requested rate increase by half from $47 million to $24 million, also resisted tightening of balancing tolerances and negotiated less strict tolerances
  • ProLiance GCA50 (Vectren, Citizens) - Settled; affiliate arrangement reformed, $21 million in refunds, excess pipeline capacity auctioned; all clients fully reimbursed for legal expenses
  • U.S. Gypsum/ProLiance antitrust (Vectren) - Settled, terms confidential; successfully appealed dismissal of antitrust action challenging affiliate arrangement
  • Reilly subdocket GCA68 (Citizens) - Settled; opposed utility's attempt to collect additional charges for past gas sales; negotiated agreement by which client paid only about one fourth of disputed amounts ($550,000 out of $2.14 million)
  • Scepter bypass (Vectren) - Regulatory challenge to bypass dismissed; represented bypass customer in regulatory proceeding and as amicus in federal declaratory judgment action; appeal established that FERC approval of bypass bars state review, resulting in dismissal of proceeding against client
  • NIPSCO gas deposit - Intervened in case in which NIPSCO sought tariff amendment to expand authority to demand deposits from gas customers; IURC denied changes sought by NIPSCO after contested hearing
  • Citizens gas exchange case - Intervened and successfully challenged arrangement by Citizens providing affiliate with preferential access to gas in storage
  • NIPSCO ARP - Represented gas marketers in establishing terms for retail competition program; settled at IURC
  • Citizens unbundling - Settled at IURC
  • Indiana Gas MGP appeal (Vectren) - Amicus on appeal of IURC order; successfully secured affirmance of order holding utility financially responsible for environmental clean-up costs (represented INDIEC)
  • SIGECO transition costs (Vectren) - IURC proceeding and appeal; successfully represented clients in resisting liability for FERC Order 636 transition costs
  • NIPSCO Rate 328 - NIPSCO attempted to change the terms of its transportation rate tariff to make it interruptible; intervened and reached a settlement by which existing customers would receive firm service at no additional cost
  • ArcelorMittal 328 complaint - IURC proceeding; established eligibility of client facilities for firm gas service under favorable rate
  • Ohio Valley Gas - Intervened on behalf of client and protected its rates on cost of service issues

WATER-SEWER

  • Oakhurst/Hendricks (sewer) - Challenged a regional sewer district's attempt to force client to abandon own sewer plant, connect to the district and pay higher rates; raised antitrust claims; negotiated a favorable fixed rate for 20 years
  • Indiana-American rate cases - in one case, Indiana-American sought nearly a 30% increase, but after intervention IURC granted less than a 20% increase; in earlier case Indiana-American requested a 14% rate increase, but after intervention IURC only authorized a 0.4% increase
  • Indianapolis Water rate cases - in one case, the utility sought emergency rate increase of 17%, but after intervention the IURC granted 10.8%; the utility then sought permanent rate increase of about 35% without subsidy reduction, but the IURC granted 26% and ordered 50% subsidy reduction; in an earlier case, the utility sought a 56% increase for large users, but after intervention a negotiated settlement limited the increase to 35.99% for industrial customers
  • Lawrence water and sewer utilities -Represented municipality in trial court action seeking to regain control over water and sewer utilities; settled with municipality regaining control
  • South Haven sewer territory dispute - IURC case and appeal; represented municipality in opposing sewer utility's enlargement of service territory; successful on appeal
  • North Vernon appeal - Amicus filing at Indiana Supreme Court on behalf of municipal associations, successfully opposing exclusivity of regional sewer district's right to serve school
  • Fort Wayne rate case - Intervened on behalf of client and negotiated favorable settlement

South Bend sewer rate case - Trial court action challenging the City's ordinance increasing its sewer rates; ultimately reached a favorable settlement