Legal Opinion · Dissent

Citizens Action Coalition of Indiana, Inc. v. Northern Indiana Public Service Co.

Indiana Court of Appeals

Decided December 27, 1984No. 2-1082A357Published

1DissentMiller, Presiding Judge

I concur in a result which would eliminate almost half of the amortized costs of Bailly N-1 but respectfully dissent in all other respects. In other words, I would find the Bailly N-1 project a proper statutorily authorized service expense for approximately $105-108 million of the total $190 million authorized by the commission. However, I would remand for further consideration of a portion-engineering costs-of the statutorily authorized amount by the Commission.

The majority opinion reflects two basic flaws that could and will turn the laws regulating public utilities in Indiana topsy-turvy.…

2Cases cited25 opinions

  1. Federal Power Commission v. Hope Natural Gas Co.Supreme Court of the United States · 1944
  2. West Ohio Gas Co. v. Public Util. Comm'n of OhioSupreme Court of the United States · 1935
  3. City of Evansville v. Southern Indiana Gas & Electric Co.Indiana Court of Appeals · 1976
  4. Northern Indiana Public Service Co. v. Porter County Chapter of Izaak Walton League of America, Inc.Supreme Court of the United States · 1975
  5. Washington Gas Light Co. v. Baker. Public Utilities Commission of District of Columbia v. BakerCourt of Appeals for the D.C. Circuit · 1951

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