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Citizens Action Coalition of Ind. v. PSI Energy

ELR Citation: 38 ELR 20266
Nos. No. 93A02-0712-EX-1093, (Ind. Ct. App., 10/16/2008)

The Indiana Court of Appeals upheld the state's approval of a public utility's petition to construct an integrated gasification combined-cycle electric power plant. A statutory requirement that the state value property that is "used and useful" in determining rate base of a public utility does not conflict with requirements that the state encourage clean coal and energy projects by allowing timely recovery of construction costs. The state also adequately considered known costs and estimates of future costs. And the state properly did not consider the use of Indiana coal as a factor in granting the utility's petition.