Update:  On September 13, 2012, the Attorney Examiner issued an entry establishing October 15, 2012, as the deadline for parties to intervene in this case.  Accordingly, the OMA filed its motion to intervene this week.

Also this week, Duke opposed the intervention of IEU-Ohio and First Energy Solutions participating in the case.  The OMA is prepared in the event Duke attempts to oppose the OMA’s participation in the case.  However, it is PUCO policy to encourage party participation and it is unlikely that the PUCO would deny the intervention of parties to the ESP settlement.

As we have discussed, similar to the DP&L case, the signatories to the Duke ESP case discussed filing a joint motion to dismiss Duke’s request for additional capacity charges.  The OMAEG will likely join in that motion once we see a preliminary draft.