Appeals court hears Duke ice storm case

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A Duke Energy attorney is urging the Indiana Court of Appeals to reverse a state panel's decision blocking Duke's attempt to pass onto its customers damages the utility incurred during a 2009 ice storm.

Duke Energy attorney Jon Laramore told the court Monday that the Indiana Utility Regulatory Commission's order was "arbitrary and capricious."

That October 2011 order came more than a year after the IURC initially ruled in Duke's favor, but the panel reviewed the ice storm issue following an ethics case that included Duke's hiring of the panel's former chief counsel.

Laramore told the court the IURC reviewed the same information but reached the opposite decision in its second order.

IURC attorney David Steiner told the court the panel considered some new information, including new testimony.

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