August 2, 2013, Volume 2, Issue 101

08/02/2013

Update: Recall that OMA filed its initial brief on June 28, 2013 opposing Duke’s request based on the legal doctrines of res judicata and collateral estoppel, which prevent a party from re-litigating an issue that has already been decided.  Because Duke already agreed in the previous stipulation to receive market based capacity, the OMA and other parties objected to Duke’s attempt to reopen the decision in this proceeding.  On July 30, 2013, OMA filed a letter with the PUCO reiterating support for the arguments raised in its previously–filed Joint Motion to Dismiss and its Post Hearing Brief, which provide justification why the PUCO should deny Duke’s application.

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