NIPSCO Industrial Group v. Northern Indiana Public Service Company, and Office of the Utility Consumer Counselor , 125 N.E.3d 617 ( 2019 )

Slaughter, J., dissenting.

I respectfully dissent, believing that this case concerns an issue of law the court of appeals decided correctly, and not a matter of regulatory discretion warranting agency deference. On the merits, I agree with the court of appeals that the utility regulatory commission exceeded its statutory authority by approving a rate adjustment based on allocation factors computed on total load rather than firm load. I would either deny transfer or summarily affirm the court of appeals' opinion.

David, J., joins.