IN T'HE SUPREME COURT OF OHIO MOTION FOR LEAVE TO INTERVENE AS APPELLEE OF DUKE ENERGY OHIO, INC.
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1 IN T'HE SUPREME COURT OF OHIO 0R/0 4t Energy Ohio, Inc., for an Increase in Its Natural Gas Distribution Rates. Energy Ohio, Inc., for Tariff Approval. Energy Ohio, Inc., for Approval of an Alternative Rate Plan for Gas Distribution Service. Energy Ohio, Inc., for Approval to Change Accounting Methods. Case No Appeal from the Public Utilities Commission of Ohio Public Utilities Comn-tission of Ohio Case Nos GA-AIR GA-ATA GA-ALT GA-AAM MOTION FOR LEAVE TO INTERVENE AS APPELLEE OF DUKE ENERGY OHIO, INC. Am.y B. Spiller (Reg. No Elizabeth H. Watts (Reg. No Associate General Counsel 139 East Fourtb Street Cincinnati, Ohio ( Telephone ( Facsimile A m.y, piller@duke-energy.com Elizabeth.Watts@Duke-Energy.com Attorrzeys for Intervening Appellee Mike DeWine (Reg. No Attorney General of Ohio William L. Wright (Reg. No Section Chief Thomas W. McNamee Devin D. Parram (Reg. No Assistant Attorneys General Public Utilities Section 180 East Broad Street ( Telephone ( Facsimile William.V Iright@puc.state.oh.us puc. state. oh. us Devin.Pari-am@puc.state.oh.us Attorneys for Appellee T'ublic Utilities Commission of Ohio AfL ^^' :,s 2 s. ^14, >^-,., 4%3^ 0 F 0 0 ( k "r s 1,3
2 Bruce J. Weston (Reg.1>1o Ohio Consumers' Counsel Larry S. Sauer (Reg. No Joseph P. Serio (Reg. No Assistant Consumers' Counsel Office of the Ohio Consumers' Counsel 10 West Broad Street ( Telephone ( Facsirnile Lar ry.sa.uerl occ.state.oh.us J oe. S occ. state. oh. u s Attor-neys for Appellant Office of the Ohio Consumers' Counsel Kimberly W. Bojko (Reg. No Mallory M. Mohler (Reg, No Carpenter Lipps & Leland LLP 280 North Hlgh Street Suite 1300 ( Telephone ( Facsiznile Bojko@Caq2enterLipps.com Mohler@CalpenterLipps.co m Attor neysfor Appellant The Kroger Con2przny Robert A. Brundrett (Reg. No Ohio Manufacturers' Association 33 North High Street ( Telephone ( Facsimile RBrundrett@ohiomfg.com Attor ney for Appellant Ohio Manufczcturers' Associatzon Colleen L. Mooney Ohio Partners for Affordable Energy 231 West Lima Street Findlay, Ohio ( Telephone ( Facsimile emooney@ohiopartners.org Attorney for Appellant Ohio Partners for Affordable Erie,rgy
3 IN THE ;SLJPRE'VIE COURT OF OHIO Energy Ohio, Inc., for an Increase in Its Case No Natural Gas Distribution Rates. Energy Ohio, Inc., for Tariff Approval. Energy Ohio, Inc., for Approval of an Alternative Rate Plan for Gas Distribution Service. Energy Ohio, Inc., for Approval to Change Accounting Methods. Appeal from the Public Utilities Commission of Ohio Public Utilities Commission of Ohio Case Nos GA-AIR GA-ATA GA-ALT GA-AAM MOTION FOR LEAVE TO INTERVENE AS APPELLEE OF DUKE ENERGY OHIO, INC., (Duke Energy Ohio or Coinpany is an Ohio corporation engaged in the business of providing natural gas service to customers in southwestern Ohio, and is a public utility as defined by R. C and Duke Energy Ohio serves incorporated conununities and unincorporated territory witltin its entire service area, which includes all or parts of Adams, Brown, Butler, Clinton, Clennont, Hamilton, Montgomery, and Warren Counties in Ohio. Duke Energy Ohio respectfully requests that this Court grant it leave to intervene as a party appellee in the above-captioned proceeding. The reasons for this Motion are set forth in the attached Memorandum in Support. 1
4 Respectfully submitted, f f my if Spiller (Reg Elizabeth H. ViWatts (Reg. No Dtike Energy Ohio, Inc. 139 East Fourth Street Ciricinnati, Ohio ( Telephone ( Facsimile Amy.Spiller@Duke-Energy.com Elizabeth.Watts@Duke-Energy.com Attorneys fnr Iritervening Appellee 2
5 IN THE SUPREME COURT OF OHIO Energy Ohio, Inc., for an Increase in Its Case No Natural Gas D.istribution Rates. Energy Ohio, Inc., for Tariff Approval. Energy Ohio, Inc., for Approval of an Alternative Rate Plan for Gas Distribution Service. Energy Ohio, Inc., for Approval to Change Accounting 1Vlethods. } Appeal from the Public Utilities Commission of Ohio Public Utilities Commission of Ohio Case Nos GA-AIR GA-ATA GA-ALT GA-AAM MEMORANDUM IN SUPPORT This case comes to the Court on appeal by Ohio Partners for Affordable Energy, the Office of the Ohio Consumers' Counsel, the Ohio Manufacturers' Association, and The Kroger Company (collectively, Appellants, from an Opinion and Order of the Public Utilities Commission of Ohio (Appellee or Commission, dated November 13, 2013, and an Entry on Rehearing, dated January 8, The various Appellants set forth separate but si.milar bases for appeal in their respective notices. Duke Energy Ohio respectfully requests that this Court grant it leave to intervene as a Intervening Appellee in this proceeding. Duke Energy Ohio was the applicant in the proceeding before the Commission from which the Appellants take this appeal. In that proceeding, Duke Energy Ohio sought an increase in base rates and such other accounting and tariff authority as would be necessary to implement any rate increase granted by the Commission. The Appellee's Opinion and Order adopted and affirmed a Stipulation that was submitted by all of the parties in the proceeding below, wherein 3
6 all issues were resolved except one. That unresolved issue related to whether or not Duke Energy Ohio was entitled to recover costs for environmental investigation and remediation of former manufactured gas plant sites on utility property. A hearing was held, an Opinion and Order rendered on November 13, 2013, and the Appellants appeal therefrom. The subject matter determined in the hearing is directly relevant to the ongoing operations and cost recovery for work undertaken by Duke Energy Ohio. As such, Duke Energy Ohio is uniquely interested in this proceeding. No other party may adequately represent Duke Energy Ohio's interests before the Court. Duke Energy Ohio's participation will not cause undue delay, nor will it unjustly prejudice any existing party, and the Company will contribute to the just and expeditious resolution of the issues raised in this appeal. Duke Energy Ohio respectfully requests that this Court grant this motion to intervene. Respectfully submitted, `? t Amy B Spiller (Reg. No Elizabeth H. Watts (Reg. No East Fourth Street Cincinnati, Ohio ( Telephone ( Facsimile Amy.Spillcr@Duke.-Energy.com Elizabeth.Watts@Duke-Energy.com Attorneys for Interhenilzg Appellee 4
7 PROOF OF SERVICE I certify that 's Memorandum Contra Motion for Stay was served by First-Class U.S. Mail upon counsel identified below for all parties of record this 25`h day of March, Elizabet H. Watts -'^ Thomas W. McNamee Devin D. Parram Assistant Attorney General 180 East Broad Street, 7th Floor Larry S. Sauer Joseph P. Serio Assistant Consumers' Counsel Office of the Ohio Consumers' Counsel 10 West Broad Street, Suite 1800 Colleen L. Mooney Ohio Partners for Affordable Energy 231 West Lima Street Findlay, Ohio Kimberly W. Bojko Mallory M. Mohler Carpenter Lipps & Leland LL 280 North High Street, Suite 1300 Columbus, Ohio Robert A. Brundrett Ohio Manufacturers' Association 33 North High Street 14
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