Ex-Indiana utility regulator wants charges dismissed

David Lott Hardy
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Updated: .

Indiana's former top utility regulator is again asking a judge to dismiss the official misconduct charges over his dealings with Duke Energy officials.

David Lott Hardy wants a Marion County judge to throw out the felony charges. Eyewitness News partner The Indianapolis Star reports he's arguing that the charges are too broad and were applied unconstitutionally. The state appeals court in December denied a similar request.

Then-Governor Mitch Daniels fired Hardy as chairman of the Indiana Utility Regulatory Commission in 2010 after a review showed that the agency's top attorney pursued a position with Duke while presiding over hearings concerning the company.

Hardy is charged with failing to disclose several meetings with Duke executives about cost overruns at the $3.3 billion Edwardsport coal-gasification power plant.

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