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Judge won't dismiss charge against ex-utility boss

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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.

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  1. These liberals are out of control. They want to drive our economy into the ground and double and triple our electric bills. Sierra Club, stay out of Indy!

  2. These activist liberal judges have gotten out of control. Thankfully we have a sensible supreme court that overturns their absurd rulings!

  3. Maybe they shouldn't be throwing money at the IRL or whatever they call it now. Probably should save that money for actual operations.

  4. For you central Indiana folks that don't know what a good pizza is, Aurelio's will take care of that. There are some good pizza places in central Indiana but nothing like this!!!

  5. I am troubled with this whole string of comments as I am not sure anyone pointed out that many of the "high paying" positions have been eliminated identified by asterisks as of fiscal year 2012. That indicates to me that the hospitals are making responsible yet difficult decisions and eliminating heavy paying positions. To make this more problematic, we have created a society of "entitlement" where individuals believe they should receive free services at no cost to them. I have yet to get a house repair done at no cost nor have I taken my car that is out of warranty for repair for free repair expecting the government to pay for it even though it is the second largest investment one makes in their life besides purchasing a home. Yet, we continue to hear verbal and aggressive abuse from the consumer who expects free services and have to reward them as a result of HCAHPS surveys which we have no influence over as it is 3rd party required by CMS. Peel the onion and get to the root of the problem...you will find that society has created the problem and our current political landscape and not the people who were fortunate to lead healthcare in the right direction before becoming distorted. As a side note, I had a friend sit in an ED in Canada for nearly two days prior to being evaluated and then finally...3 months later got a CT of the head. You pay for what you get...

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