July 14, 2017, Volume 6, Issue 69

07/14/2017

Update: On June 29, 2017, the Supreme Court of Ohio affirmed the PUCO’s order authorizing Duke to recover $55.5 million from customers for environmental cleanup costs associated with two former manufactured gas (MGP) plants that have not been in operation for 50-89 years. This week, OMA and Kroger filed a joint motion for reconsideration. In the motion, OMA and Kroger argued that the Court should reconsider its decision because it erred by holding that customers are responsible for costs to remediate environmental contamination that were not incurred to render natural gas distribution service during the test period or for the benefit of customers. Specifically, OMA and Kroger explained that when performing its investigation, Staff reported that the majority of the land Duke remediated was vacant and/or unused to provide natural gas distribution service to customers during the test year. OMA and Kroger also explained that Ohio law and Court precedent do not permit Duke to recover expenses from natural gas customers associated with facilities that are not used to provide natural gas distribution service during the test year. Duke has until July 20th to oppose the motion.

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