Former Indiana Utility Regulatory Commission Chairman Andy Zay is suing Gov. Mike Braun, seeking to regain his seat on the state panel and alleging he was illegally removed after voting to approve a controversial rate increase for AES Indiana customers.

Background

Zay filed the lawsuit in Marion County Superior Court, just one week after Braun removed him from the commission. The timing of the lawsuit is significant because the IURC is preparing to consider whether to reconsider a roughly $71 million rate increase for AES Indiana customers.

Zay’s lawsuit asks the court to restore him to the commission immediately and prevent Braun’s replacement, former Indianapolis City-County Councilor Joshua Bain, from exercising the powers of the seat while the case is pending.

Dispute

The dispute centers on Zay’s allegation that his removal was not actually about the policy violations cited by the administration, but about his vote in the AES Indiana case and the governor’s desire to change the makeup of the commission before the rate case could be reconsidered.

According to the complaint, Indiana Secretary of Energy and Natural Resources Suzanne Jaworowski contacted Zay before the vote and emphasized that affordability was a priority for Braun. The lawsuit alleges that Jaworowski later communicated the governor’s disappointment with the outcome.

Zay also claims representatives of the governor’s office told him he had “let the governor down” and that they had previously told him not to support the action.

Consequences

The lawsuit says the timing of Zay’s dismissal, Braun’s comments, and the pending AES rehearing demonstrate that the governor was seeking to change the commission’s composition before the rate case could be reconsidered.

Zay is asking the court to prevent Bain from taking over the seat while the legal dispute is resolved. He argues that simply awarding him monetary damages later would not adequately address the harm because the commission could make decisions during his absence that cannot be undone.

Original reporting: WOWO News/Talk (Fort Wayne) — read the source article.