Update:  On September 30, 2014, Ohio Partners for Affordable Energy (OPAE) filed a motion to intervene in this matter, as well as a motion to dismiss Duke’s application.  In support of its motion to dismiss, OPAE contends that Duke seeks to modify its existing portfolio plan, and that such modification contravenes the plain meaning of newly effective Substitute Senate Bill 310 (SB 310), which prohibits any modifications of existing portfolios.  OPAE further states that the only approach which would potentially permit Duke to recover shared savings in 2016 is to file a revised portfolio plan with the Commission for its review and approval, which Duke has not, to date, undertaken.