June 28, 2013, Volume 2, Issue 87

06/28/2013

Update: Today, the OMA will file our post hearing brief regarding Duke’s request for cost-based capacity pricing.  In summary, the OMA’s brief opposes 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; Duke agreed in the previous stipulation to receive market based capacity.  The brief also articulates the economic impact that Duke’s request would have on manufacturers if approved.  OMA counsel will review post hearing briefs filed by other partiers and will file a reply brief by July 30, if needed.

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