June 29, 2020: On June 29th, Indiana’s investor-owned utilities lost when the Indiana Utility Regulatory Commission rejected their petition to be made whole from all of their financial losses due to the global pandemic, including their request to charge customers for lost coal-burning plant sales due to lower demand caused by the pandemic. The five Indiana investor-owned utilities--including heavy polluters Duke Energy Indiana and Indiana Michigan Power Company (a subsidiary of American Electric Power)--sought to charge customers for energy, largely from coal-burning plants, that was not actually being used by customers because of the drop in demand. The utilities also sought to stick customers with fees they couldn’t otherwise charge to them (such as late, connection and reconnection fees) resulting from Indiana Governor Eric Holcomb’s moratorium on utility shut-offs.
In the 12-page order, the Indiana Commission said that "Asking customers to go beyond their obligation and pay for service they did not receive is beyond reasonable utility relief." In addition to rejecting the utilities' predatory request, the Indiana Commission extended the moratorium on utility shut-offs, set to expire at the end of June, until mid-August. This result was a big win for customers, especially low-income customers.
ELP Managing Attorney Kristin Henry led the litigation opposing the utilities’ request for a money grap, with support from analyst Jeremy Fisher and staff attorneys Tony Mendoza and Megan Wachspress. Sierra Club’s leaders, organizers, and volunteers on the ground in Indiana--Wendy Bredhold, Megan Anderson, and many others--led a robust public campaign against the utilities’ money grab that included hundreds of comments directed toward the Commission.