OMA Argues on Behalf of Duke Customers at Supreme Court of Ohio

Pictured: OMA energy counsel Kim Bojko of Carpenter Lipps & Leland, Larry Sauer of the Office of the Ohio Consumers’ Council and Rob Brundrett of OMA staff

This week OMA’s energy counsel, Kim Bojko, of Carpenter Lipps & Leland, argued before the Supreme Court of Ohio on behalf of the Appellants requesting that it overturn a Public Utilities of Ohio (PUCO) order that awarded Duke $55.5 million from customers for cleanup costs associated with two former manufactured gas plants that have not been in operation for 50-89 years.

Bojko stated that the PUCO improperly applied the ratemaking statutes in Ohio that do not permit recovery of expenses associated with plants that were not used and useful in rendering service to Duke’s distribution customers during the test year.

OMA and the Office of the Ohio Consumers’ Counsel, among others, appealed the PUCO decision three years ago. The court will render a decision in the near future.