Update: In April, 2014, Duke filed an application to amend its corporate separation plan for authority to offer products and services other than retail electric service. Although Ohio law generally prohibits electric utilities from engaging in the business of offering nonelectric products and services, unless under an approved corporate separation plan, the PUCO approved Duke’s application with revisions. On appeal, the Supreme Court of Ohio found that the PUCO failed to explain how Duke’s application complied with Ohio law and remanded the case back to the PUCO to identify evidence the PUCO considered in support of its decision. On remand, this week the PUCO agreed with the Court that Duke’s corporate separation plan was an attempt to rebundle services and to offer nonelectric products and services on an indefinite and ongoing basis. The PUCO further agreed with the Court that the plan was counter to the state’s ultimate goal of deregulation and therefore was a violation of Ohio law. The PUCO therefore denied Duke’s application to amend is corporate separation plan.
June 16, 2017, Volume 6, Issue 61
06/16/2017