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DUKE ENERGY v. OFFICE OF UTILITY CONSUMER

No. 93A02-1111-EX-1042.

983 N.E.2d 160 (2012)

DUKE ENERGY INDIANA, INC., Appellant-Petitioner, v. OFFICE OF UTILITY CONSUMER COUNSELOR, Indiana Utility Regulatory Commission, Appellees-Respondents.

Court of Appeals of Indiana.

December 28, 2012.

Attorney(s) appearing for the Case

Jon Laramore , Jane Dall Wilson , Faegre Baker Daniels LLP, Indianapolis, IN, Melanie D. Price , Duke Energy Indiana, Inc., Plainfield, IN, Attorneys for Appellant.

Robert L. Hartley , Maggie L. Smith , Frost Brown Todd LLC, Attorneys for Appellant Amicus Curiae, Indiana Energy Association.

A. David Stippler , Randall C. Helmen , Indianapolis, IN, Attorneys for Appellee, Indiana Office of Utility Consumer Counselor.

David Lee Steiner , Deputy Attorney General, Office of the Indiana Attorney General, Beth Krogel Roads , Assistant General Counsel, Indiana Utility Regulatory Commission, Indianapolis, IN, Attorneys for Appellee, Indiana Utility Regulatory Commission.

OPINION

VAIDIK, Judge.

Case Summary

On October 5, 2010, Governor Mitch Daniels fired Indiana Utility Regulatory Commission ("IURC" or "Commission") Chairman David Lott Hardy. Hardy was aware that one of his administrative law judges ("ALJ"), Scott R. Storms, had been communicating with Duke Energy Indiana ("Duke") regarding a position with the company while Storms was presiding over administrative proceedings involving Duke, yet Hardy did not remove...

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