BP Products North America, Inc. v. Indiana Office of Utility Consumer Counselor

OPINION ON REHEARING

SHARPNACK, Senior Judge.

We grant rehearing to consider Appel-lee/Cross-Appellant Northern Indiana Public Service Company’s (“NIPSCO”) cross appeal, which raises the issue of whether the Indiana Utility Regulatory Commission (“IURC”) erred when it determined that Appellant/Cross-Appellee BP Products North America, Inc. (“BP”), was not a public utility with respect to the furnishing by it of natural gas it purchased from NIPSCO to Marsulex.

In our Opinion of April 25, 2011 (“Opinion”), we declared the cross appeal issue to be moot as a result of our resolution of the other…