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August 4, 2026 · Spencer · Lake · Vanderburgh · AES INDIANA

IURC Loses a Second Commissioner as the AES Indiana Utility Rate Case Heads to Rehearing

Braun fired IURC Commissioner Andy Zay on August 3, leaving the AES Indiana utility rate case rehearing with a three-commissioner panel and an uncertain vote.

Governor Braun fired IURC Commissioner Andy Zay on August 3, and with Commissioner David Veleta departing later this summer, the AES Indiana utility rate case rehearing is now heading toward a vote with a panel that may seat as few as three commissioners. For Indiana C&I operators, the practical consequence is that the return-on-equity benchmark your 2027 electricity budget is built on is no longer a settled number. Three other developments landed alongside it: a federal lawsuit over a Spencer County coal plant, month two of the BP Whiting lockout, and a new plastics compounder in Evansville.

01Statewide

The Indiana Utility Rate Case Rehearing Now Runs Through a Three-Commissioner Panel

The Indiana State Personnel Department cited three violations in Zay's removal: failure to file a required financial disclosure after his June demotion from chair, improperly awarding payments and gifts to employees, and directing staff to alter a public meeting agenda without consulting new Chair Anthony Swinger. The arithmetic is what matters.

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02Spencer

Rokita Sues AEP to Block the 2028 Rockport Coal Plant Closure

Attorney General Todd Rokita filed suit in federal court on August 1 to stop the scheduled 2028 shutdown of a generating unit at the Rockport Power Plant in Spencer County, targeting a federal consent decree that has been modified five times over eleven years. AEP is the sole defendant.

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03Statewide

BP Whiting Lockout Enters Month Two With a 56-Year Bargaining Framework Broken

BP has locked out roughly 800 United Steelworkers Local 7-1 members at Whiting, the largest refinery in the Midwest by capacity, and is running on replacement workers. BP broke from the USW National Oil Bargaining Program, the 56-year framework Marathon Petroleum accepted on behalf of 26 companies covering about two-thirds of U.S. refinery capacity, including a 15% wage increase and a $2,500 signing bonus.

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Questions for Your Morning Huddle

Q: Does the AES Indiana rate rehearing affect my electricity bill if I'm not an AES customer?
A: Yes, indirectly. The reconstituted commission under Chair Swinger is also investigating return on equity and tracker mechanisms that apply to all five Indiana investor-owned utilities, so a Duke Indiana or NIPSCO rate case filed in 2027 could land against a different benchmark than the 9.5% ROE approved for AES.

Q: Should we change our 2028 power cost model because of the Rockport lawsuit?
A: Not yet, but flag the assumption in writing. If your Southern Indiana modeling assumed Rockport Unit 1 retires in 2028, that retirement date is now in active federal litigation, and I&M has a 1,520-megawatt gas plant pending before the IURC on the same site with a decision expected in early 2027.

Q: What is our exposure if the BP Whiting lockout disrupts fuel supply?
A: Whiting is the largest refinery in the Midwest by capacity, and unplanned outages there have historically pushed PADD 2 diesel basis higher within days. If your diesel procurement runs through the Midwest PADD 2 market, add the lockout to your risk register and confirm whether your fuel contracts are indexed or fixed.

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