Update: OMA Energy Group filed its brief in opposition to a settlement reached between Duke and Staff that, if approved, would allow Duke to recover $19.75 million in shared savings for its 2013 and 2014 energy efficiency portfolio programs even though Duke did not meet its statutory benchmark. The PUCO already ruled in favor of OMA Energy Group’s argument that Duke cannot use banked savings to claim a shared savings incentive and awarded Duke $0 as an incentive for its 2013 portfolio plan. The settlement reverses that prior PUCO decision and allows recovery for an incentive by using banked savings. OMA Energy Group argued that the settlement did not meet the PUCO’s three-part test for evaluating the reasonableness of a settlement. First, the settlement improperly excluded all customer classes. Second, the settlement undermined the intent of shared savings mechanisms by failing to incent Duke to engage in any long-term energy efficiency programs that could reduce costs to customers. Third, the settlement violated several regulatory principles pertaining to proper auditing and accounting practices.