April 26, 2013

Update:  The evidentiary hearing continued this week, consisting of testimony and cross-examination of several intervening witnesses.  There were no surprises and all intervening witnesses argued that Duke is not entitled to receive a cost-based capacity rate because Duke entered into a stipulation.  The attorney examiners delayed the deadline for Duke to submit rebuttal testimony due to the volume of pending cases at the PUCO which create hearing date conflicts.  Thus, Duke must file rebuttal testimony on May 13, 2013, and their witnesses will testify with respect to their rebuttal testimony on May 20, 2013.  It is evident through the actions of Duke’s representatives during the hearing that Duke prefers that the proceeding move at a faster pace.  The hearing will likely conclude by May 21, 2013, then the attorney examiners will issue a briefing schedule.