Indiana Court of Appeals Duke Energy's ice storm rate hike case

IURC reversed original finding

INDIANAPOLIS - Duke Energy is urging the Indiana Court of Appeals to reverse a state panel's decision blocking the company's attempt to pass onto its customers damages the utility incurred during a 2009 ice storm.

Duke Energy attorney Jon Laramore told the court Monday that the Indiana Utility Regulatory Commission's order was "arbitrary and capricious."

That October 2011 order came more than a year after the IURC initially ruled in Duke's favor, but the panel reviewed the ice storm issue following an ethics case that included Duke's hiring of the panel's former chief counsel.

"They decided, because of the concern that had been raised relating to maybe potential impropriety, that they were going to look at this whole thing anew. They were going to redo it," IURC attorney David Steiner told the court.

The court made no decision Monday.

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