Supreme Court Affirms PUCO Order for Duke to Collect $55.5 M from Customers


In March 2017, OMA, and others, requested that the Supreme Court of Ohio overturn a PUCO order that awarded Duke $55.5 million from customers for cleanup costs associated with two former manufactured gas plants (MGP) that have not been in operation for 50-89 years. OMA argued 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. Last week, in a split 4:3 decision, the court affirmed the PUCO’s order authorizing Duke to recover the cost to clean up the MGP plants. Here is a summary of the decision by Kim Bojko, OMA energy counsel with Carpenter Lipps & Leland. 6/29/2017