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Regulators postpone Duke hearing amid scandal

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The Indiana Utility Regulatory Commission canceled a hearing set for Thursday on Duke Energy Corp’s controversial Edwardsport generating plant amid a conflict-of-interest scandal that cost the agency’s chief his job.

Gov. Mitch Daniels on Tuesday fired IURC chairman David Lott Hardy, saying that Hardy knew the agency’s chief counsel, Scott Storms, talked to Duke about a job while presiding over Duke cases, including Edwardsport. Storms later left his IURC post for a job at Duke.

Daniels ordered that administrative opinions over which Storms presided should be reopened and reviewed to ensure they weren’t tainted.

“The commission takes the Governor’s directive seriously and will fully cooperate with all matters related to the review of the IURC cases, including the pending Duke Energy case involving [Edwardport],” said commission spokeswoman Danielle McGrath in a prepared statement issued Wednesday morning. “Therefore, the commission will refrain from holding the hearing on Thursday related to this case. We find that it is in the best interest of the commission and all parties involved. Before continuing with this case, we will evaluate our processes and ensure that our actions are transparent and in line with the Governor’s expectations.”

The hearing was part of a periodic review of the status of the $2.9 billion plant, which is under construction at nearly double its 2007 estimated price tag due to cost overruns.

Rates were projected to rise by an average of 19 percent for Duke’s Indiana customers to pay for Edwardsport, although a settlement with industrial customers could reduce the increase to 16 percent.

Early Wednesday, the Citizens Action Coalition, an Indianapolis group that intervenes on behalf of consumers in utility cases, questioned why the commission still had the Edwardsport hearing on its schedule.

Duke said Storms was not involved “in any substantial way” with the case that was to be heard on Thursday.

“Certainly, if the commission feels differently, we’ll cooperate. It’s premature to speculate about the impact of any delay,” said Angeline Protogere, a spokeswoman for Duke’s Indiana operations.

Storms, as an administrative law judge, presided over about 25 Duke cases in the last several years. He appears to have last worked on the Edwardsport case on July 23.

Storms, along with Duke Energy’s Indiana CEO, Michael Reed, were placed on administrative leave by the North Carolina-based utility on Tuesday shortly after the state announced the firing of Hardy.

Duke and Storms earlier had obtained an opinion from the Indiana Ethics Commission regarding whether Storms would be subject to a one-year employment prohibition with Duke. On Sept. 20, the ethics commission opined that he was not subject to the prohibition, saying he ultimately did not negotiate or administer a contract with Duke.

Commissioners make the ultimate decision in cases pending before the IURC. But consumer groups, such as CAC, were floored, saying Storms still made critical decisions such as deciding whether to admit key evidence in utility cases.

Daniels administration officials this week said Hardy was aware of those communications yet failed to remove Storms from Duke cases. The matter has been turned over to the State Inspector General’s office.

Julia Vaughn, policy director at Common Cause of Indiana, suggested an outside party should be called to investigate, such as the U.S. Attorney.

The Edwardsport plant issue is already volatile as it is. In August, the state’s Utility Cousumer Counselor, David Stippler, said he was “deeply concerned” about the escalating cost of the Edwardsport coal-gasification plant and said the IURC should be mindful of the effect the overruns could have on consumers.

Stippler proposed the commission help consumers in part by axing an incentive that allowed Duke to boost earnings by deferring income taxes.

Last month, Stippler’s office, Duke and Duke industrial customers proposed a settlement that would cap Edwardport’s cost at $3 billion and revise a depreciation rate that would save customers about $35 million a year, among other relief.

The CAC has argued that proposed changes to depreciation and capital are short-lived because they could go away with Duke’s next rate case in 2012, when the plant is set to open. CAC and environmental groups argue the cheapest alternative is to halt construction of the 618-megawatt plant.
 

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  • DUKE ENERGY IS CORRUPT, CORRUPT, CORRUPT
    Indiana as a state has a LOT to worry about as far as Duke Energy is concerned. Not only do they pollute our air with dirty coal, ruin our landscape with "progress," but they are just a bunch of money-grubbing criminals in suits. Increase rates by 16-19% for Indiana residents? While they rape and destroy our natural resources? This is Big Business at its very worst. I rank Duke Energy down there with the Wall Street cronies (just MORE criminals in suits). The proof is all over the Net. Look up Duke Energy for yourself. (And, germane to this article, the Gov. was right to fire them. The Ethics committee that said the Stoms and Reed were ok should be fired, too. And I agree with CAC: halt the construction at Edwardport.

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  1. These higher rates Co. e about only because physicians are now hospital employees. otherwise physicians couldn't charge these rates and share the windfall with the hospital. Community/rural hospitals probably not buying physicians practices and thus weren't getting the windfall anyway.

  2. The incentive for poor people to get themselves off public assistance and "no longer be poor" is even with help...they're STILL POOR! Being poor, even with some assistance, isn't all that pleasant. (I speak from experience) It's a stubborn myth that poor people, who are on public assistance, are sitting in the lap of luxury. You should try living on just those "freebies" that you mentioned and see how meager they actually are. By the way, I didn't mean you had to buy/own a puppy...just pet one. :)

  3. As near as I can tell the minority has ZERO constitutional obligation to offer a quorum to the majority. A requirement for quorum was inserted into the constitution so that tyrannical majorities could not simply shove through odious and objectionable legislation (which is exactly what they did.) By allowing a tyrannical majority to charge fines against the minority for exercising their constitutional prerogative to deny quorum the court as made a mockery of constitutional governance in the state of Indiana.

  4. The voters elected the Reps to make a vote not walk out on the vote. They had to the right to exercise their opinion and vote "no" to the bill. Let me ask you this if you walked out of your job for 5 straight weeks would you get paid? Would you even have a job to go back to? If any elected official walks out on the people they should be arrested for stealing tax dollars from the public. They were elected to do a job and not leave when the job gets stuff.

  5. I have been to several of their locations in Pennsylvania and always go in for 1 item and leave with a basket full of things. I'm very happy they decided on Indiana, now if only they would put the other store in eastside.

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