Indiana Office of Utility Consumer Counselor v. Duke Energy Indiana, LLC

Summary

The Court held that statutory questions defining the Commission’s authority under the TDSIC statute receive plenary de novo review rather than agency deference. It interpreted the cost-justification provision to require the Commission’s order to determine whether individual eligible improvements are justified by incremental benefits, but concluded that the Commission satisfied that requirement without separately reciting a benefit-to-cost ratio for every project. The Court therefore affirmed the Commission’s approval of the plan and summarily upheld its rulings on carrying costs and specific findings.