Update: On June 19, 2015, Duke, the Environmental Law and Policy Center (ELPC), and Ohio Partners for Affordable Energy (OPAE) filed applications for rehearing of the Commission’s order. In its application for rehearing, OPAE argued that the Commission acted unreasonably and unlawfully when it failed to consider that Duke’s use of banked savings has allowed it to achieve excessive shared savings incentives in the absence of a cap on the incentives.
ELPC filed a motion for clarification that was styled as an application for rehearing. In its pleading, ELPC sought clarification of the Commission’s order with respect to Duke’s use of banked savings in determining its shared savings incentive. Specifically, ELPC sought clarification on whether the Commission’s order prevents Duke from recovering any shared savings at all, when the company relies on banked savings to meet the annual benchmarks under R.C. 4928.66 for a given year, or whether the order prevents Duke from using banked savings to calculate the amount of the incentive payment.
In its application for rehearing, Duke asserted the Commission’s order was unlawful and unreasonable in the following respects: (1) it unreasonably fails to permit Duke to count banked energy savings toward the calculation of the shared savings incentive; (2) it retroactively changes rates that were adopted and approved by the Commission in earlier cases; (3) it is internally inconsistent, in that it allows banked savings to be counted toward meeting the benchmarks but not toward earning a shared savings incentive; (4) it was not based on any record support; (5) Duke was prejudiced by the Commission’s order, as it was not based on any record support and represents an abrupt change in past practice; and (6) it provides that approval of the rider rate is subject to consideration of the audit and any necessary true-up without providing for an opportunity for due process and with no time limitation.
OMA will be submitting a memorandum contra Duke’s application for rehearing on June 29, 2015.
