IBJNews

Backers of 30-year gas-purchase deal to press on

Back to TopCommentsE-mailPrint

The Indiana Finance Authority and Indiana Gasification LLC said Tuesday that they plan to amend their 30-year contract in which the state agency is buying the company's synthetic natural gas to satisfy an appeals court ruling that reversed regulators' approval of the deal.

The Indiana Court of Appeals ruled the deal should not include certain industrial companies. Under the deal, the Finance Authority will sell the gas on the open market and Indiana utility customers would receive discounts or increases on their bills, depending on whether the agency makes a profit or a loos.

Finance Authority attorney Andrew Kienle said the agency hopes to get a new deal done by the end of the year. He said the agency expects an amended contract will satisfy the court's concerns.

However, the court's reversal of regulatory approval provided an opening for opponents of the deal who contend it will leave utility customers on the hook for costly synthetic gas at a time when natural gas prices have fallen on the open market. An amended deal would need fresh approval from the Indiana Utility Regulatory Commission, and opponents might have time to ask the Legislature to revisit the agreement.

"There should be no doubt that the Indiana Legislature now has the opportunity to reshape this project in such a way that is balanced and fair," said Mike Roeder, a vice president at gas utility Vectren, which contends the deal will cost Indiana residential customers and small businesses more than $1 billion during its first eight years. Roeder said the company was reviewing the ruling.

Gov. Mitch Daniels has championed the contract but had no comment on the court's ruling, his office said. Daniels leaves office in January

Mark Lubbers, a former aide to Daniels who's now Indiana project director for Indiana Gasification, said the ruling, while a temporary setback for the project, clarified some issues that should speed it up by a year.

Indiana Gasification needs to break ground on the $2.8 billion project by the end of 2013 under the terms of its state air pollution permit, Lubbers said, but he expects Vectren to continue to fight the plan both in the courts and in the Legislature.

The Finance Authority signed a 30-year contract with Indiana Gasification, a subsidiary of Leucadia National Corp., to purchase gas from the plant and then sell it on the open market. Profits would be split with Leucadia.

Lubbers said the plant about 30 miles east of Evansville will take four years to build and should start producing synthetic gas by the end of 2017.

The three-member appeals panel, in the ruling written by Justice Patricia Riley, appeared satisfied with Indiana Gasification's promise that the deal will deliver savings to utility customers. It found the contract inappropriately defined companies that transport natural gas for industrial users as retail customers when that wasn't legislators' intent in a 2009 law allowing the deal.

The appeals panel's chief justice, Margret Robb, concurred on most of the majority opinion but issued a dissent saying the court should have struck down only the portion of the contract dealing with the industrial transport companies and let the rest of the contract stand.

Kerwin Olson, executive director of the consumer advocacy group Citizens Action Coalition, agreed with Roeder that the General Assembly should reconsider the law that allowed the deal because it "throws Indiana consumers to the wolves."

"This law needs to go and here's hoping that the Legislature has the courage to do the right thing for their constituents and get this abomination of the law off the books in the upcoming session," Olson said.

Neither of the two major-party candidates running to succeed Daniels as governor, Republican Mike Pence and Democrat John Gregg, have expressed as much support for the project as Daniels has. During a debate last week, Pence said he would consider hearing from lawmakers if they wanted to discuss the project, and Gregg said he had advisers studying it.

ADVERTISEMENT

  • BANANA REPUBLIC
    So ratepayers are the lemmings? This is such a BANANA REPUBLIC. Highly corrupt to force a private companies losses down the throats of the small guy. The elitist industrial customers are not subject to it? It is because they know how bad of a crappy deal this is! Please tell us again WHO - LUBBERS - is connected to in his prior life?
  • Boondoggle
    Surely this is a mistake. I guess Mitch and his buddies forgot to grease the skids at the Appeals Court. Sorry Mitch.

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in IBJ editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT

facebook - twitter on Facebook & Twitter

Follow on TwitterFollow IBJ on Facebook:
Follow on TwitterFollow IBJ's Tweets on these topics:
 
Subscribe to IBJ
  1. In my opinion the estridge companies are crooks. They filed bankruptcy on their 'track housing' side of the business two weeks before they closed on one of my clients' homes. When my client first interviewed Estridge as a builder 6 months before, they specifically ASKED about the solvency of their business, knowing that some builders were struggling. Estridge truly misrepresented their financial situation at that time. I suppose I am more unhappy with the whole system than I am with the builder because what the heck==you can file bankruptcy on 'track homes' but still keep building and make money off of 'custom built' homes??? How ridiculous! They are all homes. How can a company be allowed to bilk thousands of dollars from their subcontractors but still be allowed to build houses?? they should have been made to pay back all their unpaid contractors before being allowed to profit from building any more houses! This alone makes them and the system crooks in my eyes. I would never build an estridge home and I would not recommend for my clients either. If they were truly 'bankrupt' how could they afford to keep building homes anyway??? The whole system needs fixed.

  2. I live a couple blocks east of the Angie's campus and my house is assessed for ~$160,000. If I could get that amount, let alone $384,000 (a 140% bonus), I'd sell in a minute. Either Angie's stockholders just got fleeced, or Angie's is getting about a 58% discount on their property taxes, if these properties are actually worth what they paid Mr. Oesterle for them. Which do you think is the case?

  3. Perhaps the IMA board is really to blame! They agreed to hire Charles. They can't seemingly find donors among themselves, or bring in new blood that will support the museums operating budget with an expanded museum and money to provide curators with something to do (ie buy art). The headlines of disarray at the museum and mass firings are hurting the reputation of the museum for some time to come. If people on the board had misgivings, perhaps they shpuld have more forcefully opposed efforts that they have seemingly been unable to fund, like expansion and the costs it has created!

  4. See, I told u Indyman and Dipsicle....this 8 days is overkill. It's barely worth a weekend....great job Tony George! Your dream has been fulfilled....he fans want the I r l back. Thats how good it was.....and that sucked.

  5. I have been in training for a short time now but right off I can see that safety and quality are the number one issues, my experience as of late has been a positive one, the employees along with Jeff the plant manager and the operation supervisor as well as the engineers are a highly motivated group of people, what an asset for the area to have and for company's in need of a quality metal products.

ADVERTISEMENT