Wednesday, April 1, 2009

Suit over power company's sweetheart deals dismissed

Just because something's legal doesn't mean it isn't greedy and obnoxious.

Utility giant Duke Energy has been embattled lately for its series of rate hike demands that have followed the Blackout of '08.

And for Duke's deals that gave out millions of dollars in rebates to major Cincinnati area corporations to win support for an earlier rate increase.

These deals were outrageous and were really a payoff. And they cost Duke's other customers - namely, small businesses and families, who were forced to subsidize it.

But someone sued 'em to court for antitrust violations.

The Ohio Supreme Court ruled in Duke's favor. Now, a federal court has done the same.

The judge cited a 1922 U.S. Supreme Court ruling that said that rates approved by regulatory bodies like Puke-O aren't subject to antitrust suits.

I'm being really restrained regarding the latest development. Man, do I mean restrained! The 1922 decision was probably an activist ruling itself, which the Supremes probably carved out of whole cloth.

At the same time, however, the federal judge in the recent case said PUCO can still address allegations of unlawful discounting by Duke in a separate case.

There ought to be a law that says rates approved by regulators can still be subject to antitrust claims.

(Source: http://news.cincinnati.com/article/20090401/BIZ01/304010066)

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