NW Indiana utility company neglected to protect power lines from ‘hazard’ trees, lawsuit alleges

Northwest Indiana’s utility company did not protect its power lines from tree damage ahead of the storms that tore through the area earlier this month, residents allege in a class-action lawsuit.

The complaint, filed last Monday in Porter County, Indiana, claims NIPSCO failed to remove “hazardous trees and other vegetation” near power lines, neglected to conduct regular pole and line inspections, and ignored residents’ requests for vegetation management.

NIPSCO “strongly” disagrees with the lawsuit and defended its vegetation management practices in a statement to the Sun-Times.

On Aug. 11, 99-mph winds — akin to a Category 2 hurricane — tore through Northwest Indiana and knocked out power for homes, schools and businesses throughout the area. Gary was hit particularly hard, and several thousand residents have gone nearly two weeks without power. The storms caused “unprecedented damage across NIPSCO’s electric system,” according to the utility.

Part of why it’s taking longer to restore power is the city suffered the most “extensive and complex damage” from the storm, according to NIPSCO. Crews have been out for several days repairing damaged power lines and substations. The combination of severe wind and flooding caused trees to topple over into power lines, homes and onto roads.

On Sunday, Indiana Gov. Mike Braun also expressed frustration with NIPSCO in a social media post.

“NIPSCO has ample resources to get the job done in Northwest Indiana, but they continue to fail Hoosiers,” he wrote. “NIPSCO is a monopoly with a responsibility to ratepayers. Residents are forced to rely on them for their safety and comfort and they must get the power back on NOW.”

He added the utility has “no excuse for these delays” after he sent teams from the Indiana National Guard, Indiana State Police and state natural resources and corrections departments to “literally clear the way for NIPSCO utility crews.”

The lawsuit, represented by Chicago-based Allen Law Group, places the blame for the downed trees on NIPSCO. Residents allege the utility company does not employ enough linemen to inspect and maintain power lines and ensure “cycle-based vegetation management programs.” That negligence “predictably” led to the widespread power outages.

On Aug. 11, one of the plaintiffs was undergoing oral surgery when the procedure was abruptly stopped by the power outage, and he was sent home without proper pain medication, according to the lawsuit.

“This Class Action lawsuit demonstrates the immense power citizens possess when they stand together. And standing together we intend to force change and impose accountability on NIPSCO for the foreseeable and preventable harm caused by its negligent vegetation management,” attorney Kenneth Allen said in a statement.

The statement from NIPSCO states the utility, which is overseen by the Indiana Utility Regulatory Commission, has more than doubled its spending on vegetation management since 2016. The company plans to fight the suit.

Read the full complaint here:

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