Carmel tickets Duke Energy for closing street, and the fines could reach $20,000

CARMEL — Carmel may fine Duke Energy up to $20,000 for blocking a street and parking a utility truck on a pathway. 

Carmel issued the citations May 9 after Duke employees blocked 126th Street westbound between Kinzer Avenue and Ash Drive and parked a truck on the parallel pathway. 

Carmel officials said Duke did not go through the proper approval process to close the road. Carmel also prohibits parking on pathways along the side of the road, noting they are for walkers, joggers and bicycles, not heavy vehicles. 

“This is why capitalism works and monopolies, if we have to have them, should be owned by rate payers and not private companies," said Mayor Jim Brainard in a prepared statement. "There was no consideration given to the local community with regard to the danger to public safety this illegal road block could have caused."

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The citations, which each carry a fine up to $5,000, are for obstructing the street, no permit for parking on path, vehicle on path, and no right of way permit. A hearing is scheduled for June 28 in Carmel City Court. 

Duke spokeswoman Angeline Protogere said the utility was looking into the issue. She said Duke repaired several utility poles that posed a safety risk. 

"We take safety very seriously as a company, and we are looking into these complaints," she said. 

Carmel officials said the work was routine and the utility had time to go through proper road-closure procedures. 

City spokeswoman Nancy Heck in a news release also questioned whether the work was necessary because Carmel and Duke have an agreement to bury utility lines in the area.

Protogere said the utility is acquiring easements to bury utilities and expects the process to be lengthy. 

"We needed to go ahead and replace those poles while that work is underway," she said. "We did it as a safety precaution, particularly as we enter spring/summer storm season."

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Call IndyStar reporter Chris Sikich at (317) 444-6036. Follow him on Twitter: @ChrisSikich and at facebook.com/chris.sikich.