Update: Parties are litigating a settlement reached between Duke and Staff that, if approved, would allow Duke to recover from customers $19.75 million in shared savings for its 2013 and 2014 energy efficiency portfolio programs. OMA Energy Group, OCC, Ohio Energy Group (OEG), and the Ohio Partners for Affordable Energy (OPAE) are all requesting that the settlement be denied. According to OMA Energy Group witness John Seryak, the settlement rewards Duke for lackluster energy-savings results, contradicts PUCO precedent, and does not incent Duke to improve its performance in the future. OCC echoes these concerns, and notes that the settlement was hastily negotiated without any meaningful input from other parties. OPAE and OEG join the concerns noted by OMA Energy Group and OCC.

OMA Energy Group maintains that the settlement fails the PUCO’s three-part test for assessing whether a settlement should be adopted. Specifically, OMA Energy Group asserts that the settlement is not the product of arm’s-length bargaining, is not in the interest of ratepayers and the public interest, and is contrary to important regulatory principles.