PUCO Denies AEP Ohio Rehearing Request on Duke ESP

The Public Utilities Commission of Ohio has denied AEP Ohio's request for rehearing of PUCO's order approving an order in Duke Energy Ohio's electric security plan proceeding.

AEP Ohio had sought rehearing because of the different treatment of corporate separation plans (CSP) addressing the separation of generation from the distribution utilities at AEP Ohio and Duke Energy Ohio (12/26). Specifically, in the AEP Ohio electric security plan order, PUCO declined to grant final approval for AEP Ohio's corporate separation plan, and set additional proceedings. At Duke Energy Ohio, the electric security plan order served as final approval for the transfer of the utility's generation to an affiliate.

"While AEP filed its application for rehearing under the guise of wanting to ensure that the Commission is equally applying the statutory requirements to the benefit of the competitive markets, it is evident that the sole reason for AEP to make such a filing in the Duke 2011 ESP Case is to try to inappropriately force the Commission's review and decision on AEP's CSP," PUCO ruled.

"Trying to force the Commission's hand by filing an application for rehearing in the Duke 2011 ESP Case is misguided. The fact that AEP is not satisfied with the Commission's diligence in ensuring due process for the review of AEP's CSP has nothing to do with the Commission's order in the Duke 2011 ESP Case and is not a sufficient ground for rehearing," PUCO said.