Court: IURC erred in approving Duke fee hike

National News

The Indiana Court of Appeals has determined that state utility regulators wrongly approved $61 million in ratepayer fees for the Edwardsport coal gasification plant.

Duke Energy is seeking the money to cover construction costs for the new plant. But Appeals Court Judge James Kirsch wrote in an opinion issued Monday that members of the Indiana Utility Regulatory Commission should have better analyzed arguments from Duke Energy and plant opponents before approving the fee increase.


Duke officials have said a three-month delay led to increased project costs. But opponents led by the Citizens Action Coalition have argued that IURC regulators have been "rubber-stamping" fees and a rate hike sought by Duke.

The case is one of many surrounding the Edwardsport plant that is locked in battle inside the Indiana courts.

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Texas Adopts Statewide Texting-While-Driving Ban

Effective September 1, 2017, Texas will become the 47th state to pass a statewide ban on texting while driving. Governor Abbott’s signing of House Bill 62 is an effort to unify Texas under a uniform ban and remedy the “patchwork quilt of regulations that dictate driving practices in Texas.”

The bill specifically prohibits drivers from reading, writing, or sending an electronic message on a device unless the vehicle is stopped. That includes texting and emailing. It does not, however, prohibit dialing a number to call someone, talking on the phone using a hands-free device, or using the phone’s GPS system.

Violations would be punishable by a fine ranging from $25 to $99, to be set by each municipality. Although penalties could rise to as much as $200 for repeat offenders.

Studies have found that a driver’s reaction time is half as much when a driver is distracted by sending or reading a text message. According to state officials, in 2015 more than 105,000 traffic accidents in Texas involved distracted driving, leading to at least 476 fatalities.

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