Jennifer Nelson for www.theindianalawyer.com

In the appeal of the Indiana Utility Regulatory Commission’s decision to approve rate increases requested by a northern Indiana utility group under a new statute, the Indiana Court of Appeals concluded the commission erred in approving a seven-year plan that only gave specifics about year one.

The commission approved two applications from Northern Indiana Public Service Co. to increase rates under I.C. 8-1-39, which allows a utility to petition for a tracker – a way to set rates – for certain proposed new or replacement electric or gas transmission, distribution or storage projects. The statute, known as a TDSIC statute, was enacted in 2013.

NIPSCO presented a seven-year plan pursuant to the statute, but only provided sufficient detail of the plan for year one. For the remaining years, the commission established a “presumption of eligibility” and required NIPSCO to annually update the plan through an informal process. The IURC also approved NIPSCO’s proposed rate increases. The Office of Utility Consumer Counselor and some of NIPSCO’s largest industrial customers appealed the IURC’s decision.

In  NIPSCO Industrial Group, and, Indiana Office of Utility Consumer Counselor v. Northern Indiana Public Service Company, et al., 93A02-1403-EX-158, the COA agreed with the appellants that the commission erred by approving the seven-year plan given its lack of detail regarding all the years. In addition, the order established a presumption of eligibility regarding the undefined projects, and there does not appear to be any statutory support for establishing such a presumption. Judge Michael Barnes also wrote that such a presumption inappropriately shifts the burden of showing the project’s eligibility for TDSIC treatment from NIPSCO to other intervening parties.

The judges also held that the commission exceeded its statutory authority by allowing the adjustment of the rate allocation factors based on transmission and distribution considerations.  The COA affirmed in all other respects, including that the plain language of the statute allows an average 2-percent increase in a 12-month period, not during the entire seven-year plan as the appellants argued.

The case is remanded for further proceedings.

A drunken driver handed a stiff sentence for repeated offenses was unable to convince the Indiana Court of Appeals his penalty was an improper double enhancement.

John Light pleaded guilty to operating a motor vehicle while privileges are forfeited for life, a Class C felony; operating a vehicle while intoxicated, a Class A misdemeanor, and an adjudication as a habitual substance offender.

The trial court sentenced him to an aggregate of 13 years, ordering his sentence for operating a motor vehicle while privileges are forfeited for life to be served consecutively with his habitual substance offender enhancement which was attached to his conviction for operating a vehicle while intoxicated.

Light appealed on the grounds that the consecutive sentences constituted an impermissible double enhancement.

The Court of Appeals did not agree and affirmed his sentence in John W. Light v. State of Indiana, 79A02-1409-CR-637. It distilled the appeal to a single issue of whether it was permissible to run the habitual enhanced sentence consecutively to the sentence for operating while forfeited for life which was itself already enhanced under a progressive penalty statute.

In Sweatt v. State, 877 N.E.2d 81, 84 (Ind. 2008), the Indiana Supreme Court held that when separate counts are enhanced based on the same prior felony conviction, ordering the sentences to run consecutively has the same effect as if the enhancements both applied to the same count.

The Court of Appeals noted that in Light’s case while the trial court seemingly relied on the same March 2002 conviction for operating while intoxicated to support enhancements for the Class C felony and Class A misdemeanor convictions, the underlying predicate offense was actually different for each enhancement.

For Light’s Class C felony enhancement, the predicate offense is operating a motor vehicle after driving privileges are forfeited for life. Conversely, the predicate offense for his habitual substance offender enhancement was a conviction for operating while intoxicated in 1995 with a prior conviction from 1993.

Seeks to Strengthen Ties, Attract New Investment 
& Create Export Opportunities for Indiana Companies

 

Indianapolis – Governor Mike Pence will lead a delegation of Hoosier business leaders to China next month on his sixth international jobs and economic development mission as governor.

“Indiana plays a critical role in the global economy, with thousands of Hoosiers across our state going to work daily at international companies,” said Pence. “China represents the largest economy in the world. Today we see immense potential for the creation of more great jobs for Hoosiers through the strengthening of ties with our Chinese partners. Our universities and our communities already boast a thriving friendship with China, and we’re looking forward to strengthening this relationship on our jobs mission next month.”

Departing Indiana on May 9 and returning on May 16, the Governor will travel to Beijing, Shanghai and Hangzhou, the capital city of Zhejiang Province, Indiana’s Chinese sister-state. During the trip, he will meet with top executives from numerous Chinese companies, government leaders and potential investors, as well as host a reception in partnership with the Recreational Vehicle Industry Association at the U.S. Embassy in Beijing and a reception bringing together alumni from Indiana universities in Shanghai. Additionally, Pence plans to visit Indiana companies with operations in China, including Eli Lilly and Cummins, as well as China-based Haier Group, which last fall announced plans to locate its North American Tech Center in Evansville.

Indiana counts China as its fifth largest export partner, with exports totaling $1.4 billion in 2014. China-based companies, including Vanguard National Trailer Corporation, Techtop Motor LHP, Westfield Outdoors, Nanshan America and Sutong Tire, reach all corners of the Hoosier State, from South Bend to Evansville. In addition to educational partnerships between Chinese and Hoosier higher education institutions like Indiana University, Purdue University and the University of Notre Dame, more than 10,000 Chinese students attend universities in the Hoosier State.

“The reach of Indiana’s economy extends far beyond our borders,” said Pence. “Hoosiers can create everything from cars to medicines that are used around the world. And with Indiana’s strengths in life sciences, advanced manufacturing and aerospace, we aim to make sure Chinese business leaders know that Indiana is the ideal place to grow their companies and create great Hoosier jobs.”

The cost of the state delegation is being covered through private donations to the Indiana Economic Development Foundation. In addition to Governor Pence, the state will be represented by First Lady Karen Pence and Secretary of Commerce Victor Smith.

This will be Pence’s sixth international trade mission as governor. He led his first gubernatorial jobs mission to Japan in 2013, followed by economic development missions to Germany, the United Kingdom, Canada and Israel in 2014.