The Indiana Utility Regulatory Commission (IURC) on June 6 determined that 85 exhibits and parts of 10 more exhibits pertaining to Duke Energy’s (NYSE: DUK) 618 MW Edwardsport integrated gasification combined-cycle (IGCC) power plant are not confidential.
Initially, Duke filed more than 1,300 exhibits of which roughly 800 were granted preliminary confidentiality based on affidavits filed by the utility under the state’s trade secret exemption. During the normal course of the evidentiary hearings, the total number of confidential exhibits decreased from 800 to 328. The IURC reviewed each of the 328 exhibits, finding 85 of the exhibits and parts of 10 should be part of the public record.
Consequently, the IURC evaluated the documents to make a final determination on confidentiality and states the basis for each decision, beginning on page 6 of the Order. All along, parties to the case had access to the confidential documents; however, the exhibits were not part of the public record due to the preliminary ruling.
Duke proposed a cap on construction costs of the plant in March 2011 for $2.72 billion, but engineering and construction issues have added on $1.3 billion in overruns, bringing the price tag to $3.3 billion, according to the Indianapolis Star.
Duke Energy has 30 days to refile the newly disclosed exhibits in unredacted form.
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