A proposed class action in northwest Indiana targets NIPSCO, the electric utility serving the region, over repeated power outages. The suit blames neglected vegetation management and inspections for prolonged blackouts. Attorney Kenneth J.
Allen filed an amended proposed complaint Aug. 17 in Porter County Superior Court for Valparaiso resident Jack Tipold and 16 other residents, The Indiana Capital Chronicle reported in its amended complaint report. The case had not been certified as a class action as of Aug. 24-25, so residents are proposed members only.
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Table of Contents
- What the plaintiffs allege
- How the August derecho fits in
- Can you file a claim yet?
- What regulators are doing separately
- What to save if you lost power
What the plaintiffs allege
The complaint alleges systemic failures from August 2024 through August 2026. It points to untrimmed hazardous trees, skipped pole and line inspections, and ignored resident requests, according to the Indianapolis Star account in its tree-trimming allegations report. The theory connects maintenance to duration.
Fallen limbs and uncleared growth hit lines, then damaged circuits stayed dark longer. Repeated long outages form the core of the damages claim. Plaintiffs seek money damages and court-ordered changes to NIPSCO tree-trimming practices, according to The Indiana Lawyer. A separate Allen-filed suit over surgery delayed by an outage also seeks class status.
How the August derecho fits in
An Aug. 11, 2026 derecho brought gusts near 99-100 mph and knocked out about 300,000-375,000 NIPSCO customers, which NIPSCO and state officials called the largest outage in company history, CNN reported in its Gary storm damage report. Scale matters because restoration stretched for days. Gary suffered worst. The majority-Black city of about 67,000-68,000 had roughly 38,000-40,000 initially out and about 14,500-20,000 still dark nearly two weeks later.
Restoration reached the remaining customers around Aug. 25. The storm does not itself decide negligence. Plaintiffs argue poor trimming and inspection made a severe storm worse. Regulators and the court will test that link.
Can you file a claim yet?
No claim form exists now. No settlement fund was created, no hearings were scheduled, and no NIPSCO court response had been filed as of Aug. 24-25. Joining or filing is not yet possible.
Certification is the next gate. A judge must decide whether common issues allow the 17 named plaintiffs to represent a wider group. Until then, other residents have no member rights or deadlines. NIPSCO said it strongly disagrees with the lawsuit's characterization of its vegetation practices and will defend vigorously, according to SRN News via the Associated Press. It notes regulators oversee the program and spending more than doubled since 2016.
What regulators are doing separately
Gov. Mike Braun on Aug. 24 directed the Indiana Office of Utility Consumer Counselor to petition the Indiana Utility Regulatory Commission for an investigation, according to Indiana Public Media. The review covers preparation, response, vegetation management, and use of ratepayer funds. U.S. Rep.
Frank J. Mrvan on Sept. 10 asked the Federal Energy Regulatory Commission for a joint review with the North American Electric Reliability Corp., according to his House office. The request asks whether preparation, system performance, and restoration met reliability requirements. These reviews do not pay customers directly. They can produce findings, orders, or reliability fixes that shape the court case.
What to save if you lost power
Keep papers that show outage length and cost. Small records carry more weight than memory after long blackouts.
Write dates, times, and addresses on each item. Save originals and store copies apart from your phone.
- Utility outage alerts, restoration texts, and bill statements with dates
- Receipts for food loss, lodging, generators, fuel, and medical needs
- Photos of downed lines, fallen trees, missed-trim areas, and damaged equipment
- Work logs, missed shifts, canceled appointments, and school closures
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