Nipsco Industrial Group v. Northern Public Service Company

Summary

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