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OFFICE OF UTILITY CONSUMER COUNSELOR v. NIPSCO

No. 93A02-8805-EX-193.

538 N.E.2d 957 (1989)

OFFICE OF UTILITY CONSUMER COUNSELOR, Appellant (Petitioner below), v. NORTHERN INDIANA PUBLIC SERVICE COMPANY, American Maize-Products Company, the Dalton Foundries, Inc., Inland Steel Company, Ltv Steel Company, Inc., National Steel Corporation (Midwest Steel Division), Union Carbide Corporation, and Usx Corporation (Uss Division), Appellee (Respondent and Intervenors below).

Court of Appeals of Indiana, First District.

Rehearing Denied July 14, 1989.

Attorney(s) appearing for the Case

Thomas E. Kieper, James W. Burk, Office of the Utility Consumer Counselor, Indianapolis, for appellant.

Richard M. Schumacher, Charles W. Webster, Eichhorn, Eichhorn & Link, Hammond, Fred E. Schlegel, Michael J. Huston, Mary M. Stanley, Julie Sommers, Baker & Daniels, Indianapolis, for appellee.

ROBERTSON, Judge.

This case concerns Northern Indiana Public Service Company, Inc. (NIPSCO)'s failure to apply to the Indiana Utility Regulatory Commission (Commission) for prior approval of its proposed corporate restructuring. The office of the Utility Consumer Counselor (Consumer Counselor) maintains that Indiana law requires state approval of NIPSCO's formation of a holding company and sought to force NIPSCO to obtain that approval by moving the Commission to...

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