May 20, 2016, Volume 5, Issue 70

05/20/2016

Update: OMA and others filed their reply briefs to oppose a settlement entered into between Duke and PUCO Staff. If approved, the settlement would allow Duke to recover from customers $19.75 million in shared savings incentives for 2013 and 2014. OMA argued that Duke failed to persuasively explain how its proposal met each part of the PUCO’s three-part test for evaluating the reasonableness of a settlement. First, Duke did not show that the bargaining process seriously accounted for the interests of all customer classes. Second, Duke did not show that the settlement benefited ratepayers and the public interest because the so-called concessions it agreed to were illusory. Finally, Duke was unable to rebut OMA’s claim that the settlement contravened important regulatory principles because the settlement stands in direct contradiction to prior PUCO orders barring the use of banked savings to claim an incentive. With briefing now over, parties await the PUCO’s decision.

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