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N. IND. PUB. SERV. CO. v. CITIZENS ACT. COAL. OF IND.

No. 93S02-8810-EX-902.

548 N.E.2d 153 (1989)

NORTHERN INDIANA PUBLIC SERVICE COMPANY, Appellant, v. CITIZENS ACTION COALITION OF INDIANA, Inc., et al., Appellees. Citizens Action Coalition of Indiana, Inc., et al., Cross-Appellants, v. Northern Indiana Public Service Company, Cross-Appellee.

Supreme Court of Indiana.

December 13, 1989.

Attorney(s) appearing for the Case

Robert C. Hagemier, David J. Allen, Christopher A. Smith, Hagemier, Allen & Smith, Indianapolis, Frederick F. Eichhorn, Jr., Peter L. Hatton, Charles W. Webster, Eichhorn, Eichhorn & Link, Hammond, for appellant.

Michael A. Mullett, Columbus, James W. Burk, Office of the Utility Consumer Counselor, Indianapolis, for appellees.

DeBRULER, Justice.

This appeal is the third in a trilogy of cases that arose out of disputes concerning the legality of a utility charging its ratepayers for its sunk costs in a power plant which was abandoned before construction was completed. The first case arose when Northern Indiana Public Service Company (NIPSCO) petitioned the Public Service Commission of Indiana (now the Indiana Utility Regulatory Commission but...

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