The Office of the Ohio Consumers’ asked the Public Utilities Commission of Ohio to initiate a proceeding under R.C. 4905.54 to impose sanctions on Duke Energy Ohio for what OCC alleged is Duke's, "violation of the PUCO’s Order," to transfer or divest its interest in the Ohio Valley Electric Company

OCC said that such transfer was required in Duke's most recent SSO proceeding, but noted that Duke in a recent status report said that it, “is not now in the process of attempting to divest its interest in OVEC"

More specifically, Duke stated: "Subsequent to the issuance of the Commission's Opinion and Order, Duke Energy Ohio filed an application for rehearing. Therein, among other issues, Duke Energy Ohio questioned the Commission's ability to direct the Company's contractual investments or undertakings, including its investment in OVEC. On May 28, 2015, the Commission granted Duke Energy Ohio's application for rehearing. Because Duke Energy Ohio believes that the Commission cannot dictate its investment in, or contractual relationship with, OVEC and future litigation may result so as to resolve the scope of the Commission's authority in this regard, Duke Energy Ohio is not now in the process of attempting to divest its interest in OVEC."

OCC also sought a PUCO order requiring Duke to take immediate steps to pursue the transfer or divestiture of its OVEC entitlement

"Duke’s disregard of the PUCO’s order is a matter of grave concern. If left unchecked, a message will be sent to Ohio’s consumers that utilities can pick and choose the portions of PUCO order they will accept. It is for this reason that Ohio’s General Assembly armed the PUCO with the authority to enforce its orders and to assess substantial forfeitures in the event of non-compliance. The PUCO should require immediate compliance and should consider imposing forfeitures as the General Assembly intended," OCC said

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