[CITE: Tallian v. DNR & NIPSCO, 14 CADDNAR 180 (2017)]

[VOLUME 14, PAGE 180]

[See Editor’s note at end of this document regarding change in the decision’s original format.]

Cause #: 17-081W

Caption: Tallian v. DNR & NIPSCO

Administrative Law Judge: Jensen

Attorneys: Tallian (pro-se); City of Portage (Scott); DNR (Gamboa); NIPSCO (Deeb)  

Date: November 16, 2017

FINDINGS OF FACT AND CONCLUSIONS OF LAW WITH FINAL ORDER

Final Order

1. Having considered the joint stipulations contained within the Motion, which are not objected to by the Department, it is concluded that the Department shall terminate the effectiveness of Certificate of Approval LM-202.

2. The termination of Certificate of Approval LM-202 shall serve to fully dispose of the instant proceeding.

This matter comes before the Natural Resources Commission (Commission) on the “Unopposed Joint Motion for Termination and Dismissal” (Motion) filed by Petitioners, Karen Tallian (Tallian) and the City of Portage (Portage) and Respondent, Northern Indiana Public Service Company (NIPSCO), which is not objected to by Respondent, Department of Natural Resources (Department).

Findings of Fact and Conclusions of Law

1. The Department approved LM-202 on or about June 30, 2017, which granted to NIPSCO authority to conduct dredging activities in Lake Michigan under specified terms and conditions.

2. On July 18, 2017, Senator Karen Tallian, filed correspondence seeking administrative review of the Department’s approval of LM-202.  On July 20, 2017, Portage also filed correspondence seeking administrative review of the Department’s approval of LM-202.  These filings initiated proceedings before the Commission identified as Administrative Cause Number 17-081W and 17-082W, respectively.

3. The two proceedings were consolidated as Administrative Cause Number 17-081W on August 16, 2017.

4. The Department is the administrative agency authorized to administer the Navigable Waterways Act, codified at I.C. 14-29, which specifies, in part, that material may not be removed from a navigable waterway without a permit from the Department.  I.C. 14-29-1-8.

5. Relevant to I.C. 14-29, the Commission is the “ultimate authority” of the Department.  I.C. 4-21.5-3-15; IC 14-10-2-3.

6. The Commission possesses jurisdiction over the subject matter of and the parties to the instant proceeding.

7. On October 26, 2017, NIPSCO, Tallian and Portage filed the Motion, whereby they request “the Commission to enter an order terminating Certificate of Approval LM-202”, which request they represent is not objected to by the Department.

8. The parties agree in the Motion that “no party shall be deemed to make any admission of fact or law as to the merits of the Appeals” initiated by Tallian and Portage.

9. Further, upon termination of Certificate of Approval LM-202, Tallian and Portage seek an order terminating the instant proceeding.

[EDITOR’S NOTE: The original format of the Administrative Law Judge’s Findings of Fact, Conclusions of Law, and Final Order has been modified to correspond with CADDNAR format.  The Final Order, Paragraphs 1 through 2, has been relocated to the “Final Order” section at the beginning of this document.]