Nipsco Industrial Group v. Northern Indiana Public Service Company

Summary

The court held that the TDSIC Statute permits rate recovery only for specific projects designated and approved in the initial seven-year plan, not for project categories selected later using ascertainable planning criteria. It also held that preclusion principles did not bar the Industrial Group from challenging the Commission’s legal methodology because the issue was one of law, of general interest, and not previously resolved by the state’s highest court. The court reversed portions of the Commission’s order and remanded for identification and disallowance of improperly designated projects.