IBJNews

Judge won't dismiss charge against ex-utility boss

Back to TopCommentsE-mailPrintBookmark and Share

A judge has refused to dismiss an official misconduct charge against Indiana's former top utility regulator.

David Lott Hardy's attorney told a judge Monday that he would file a pretrial appeal, Marion County prosecutor's office spokeswoman Brienne Delaney said.

The former chairman of the Indiana Utility Regulatory Commission was indicted in December on three counts of official misconduct. The indictment alleged that Hardy allowed the panel's top lawyer to keep overseeing cases involving Duke Energy Corp. even though he knew the attorney was trying to land a job at the utility company.

Hardy had filed a motion in Marion Superior Court in April to dismiss an amended indictment against him, claiming he did nothing criminal. He claimed the charges are too broad and seek to impose criminal liability for violating administrative rules.

One of the counts alleges that Hardy communicated with Duke Energy employees regarding efforts by former IURC attorney Scott Storms to secure a job with Duke, and that he allowed Storms to continue handling Duke-related matters before the commission.

The two other counts allege that Hardy failed to disclose conversations he allegedly had with Duke employees over the rising costs of the $3.3 billion coal-gasification plant the company is building near the southwestern Indiana town of Edwardsport.

Hardy's attorney, David Hensel, did not immediately respond to a telephone message seeking comment Tuesday.

Gov. Mitch Daniels fired Hardy in October 2010 after an internal review showed that Storms, who was the IURC's top attorney and an administrative law judge, discussed a position with Duke while presiding over hearings concerning the utility.

The utility also fired Storms, and ethical problems related to the project cost two high-ranking Duke executives their jobs.

The cost estimate of the plant, located about 60 miles north of Evansville, has climbed from its original estimate of $1.9 billion in 2007 to the current estimate of $3.3 billion.

Charlotte, N.C.-based Duke Energy, which is Indiana's largest electric utility with about 780,000 customers, has attributed those cost increases in part to design changes for the plant, which will be one of the largest coal-gasification plants in the world.

The 630-megawatt plant will convert coal into a synthetic gas that will be burned in a traditional turbine power plant to produce electricity.

ADVERTISEMENT

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. Of what value is selling alcoholic beverages to State Fair patrons when there are many families with children attending. Is this the message we want to give children attending and participating in the Fair, another venue with alooholic consumption onsite. Is this to promote beer and wine production in the state which are great for the breweries and wineries, but where does this end up 10-15 years from now, lots more drinkers for the alcoholic contents. If these drinks are so important, why not remove the alcohol content and the flavor and drink itself similar to soft drinks would be the novelty, not the alcoholic content and its affects on the drinker. There is no social or material benefit from drinking alcoholic beverages, mostly people want to get slightly or highly drunk.

  2. I did;nt know anyone in Indiana could count- WHY did they NOT SAY just HOW this would be enforced? Because it WON;T! NOW- with that said- BIG BROTHER is ALIVE in this Article-why take any comment if it won't appease YOU PEOPLE- that's NOT American- with EVERYTHING you indicated is NOT said-I can see WHY it say's o Comments- YOU are COMMIES- BIG BROTHER and most likely- voted for Obama!

  3. In Europe there are schools for hairdressing but you don't get a license afterwards but you are required to assist in turkey and Italy its 7 years in japan it's 10 years England 2 so these people who assist know how to do hair their not just anybody and if your an owner and you hire someone with no experience then ur an idiot I've known stylist from different countries with no license but they are professional clean and safe they have no license but they have experience a license doesn't mean anything look at all the bad hairdressers in the world that have fried peoples hair okay but they have a license doesn't make them a professional at their job I think they should get rid of it because stateboard robs stylist and owners and they fine you for the dumbest f***ing things oh ur license isn't displayed 100$ oh ur wearing open toe shoes fine, oh there's ONE HAIR IN UR BRUSH that's a fine it's like really? So I think they need to go or ease up on their regulations because their too strict

  4. Exciting times in Carmel.

  5. Twenty years ago when we moved to Indy I was a stay at home mom and knew not very many people.WIBC was my family and friends for the most part. It was informative, civil, and humerous with Dave the KING. Terri, Jeff, Stever, Big Joe, Matt, Pat and Crumie. I loved them all, and they seemed to love each other. I didn't mind Greg Garrison, but I was not a Rush fan. NOW I can't stand Chicks and all their giggly opinions. Tony Katz is to abrasive that early in the morning(or really any time). I will tune in on Saturday morning for the usual fun and priceless information from Pat and Crumie, mornings it will be 90.1

ADVERTISEMENT