HENDERSON, Ky (WEHT) - The Indiana Court of Appeals rules the Indiana Utility Regulatory Commission "impermissibly" let Duke Energy raise rates for coal cleanup.

Citizens Action Coalition appealed the decision, arguing the agency did not follow state law when approving the increase.

Duke requested the increase in 2023 to pay for coal ash cleanup going back to 2019. They made the request to comply with 2015 EPA rules for treating and disposing of ash.

The three-judge panel ruled unanimously the IURC allowed Duke to collect $62 million from customers. They instructed the IRUC to reconsider Duke's application in a manner "consistent with their opinion". If that's not possible, the judges say the application must be dismissed.

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