March 22, 2013

Update:  Similar to the DP&L ESP case, the OMA will advocate its opposition to Duke’s request for a cost-based capacity charge in a post-hearing brief to avoid exposing a witness to wide-spread cross-examination on unrelated issues.  The OMAEG’s position is that under the doctrine of res judicata, Duke is prohibited from relitigating its electric security plan because it agreed to RPM based-capacity pricing, pursuant to a stipulation.  The evidentiary hearing is scheduled to commence on April 15, 2013, at 10:00 a.m. at the PUCO.