Update:  The evidentiary hearing concluded on May 22, 2013, and attorney examiners issued a briefing schedule.  The OMA post hearing brief is due on or before June 28, 2013, in which the OMA intends to continue to oppose Duke’s request and will articulate the impact on manufacturers.  Of potential legal significance is the issue regarding the enforceability and validity of stipulations.  OMA and other parties will continue to argue that Duke is not entitled to receive a cost-based capacity rate because Duke entered into a stipulation that is still binding.