1 BEFORE THE PUBLIC UTILITIES COMMISSION OF OHIO 2 - - - 3 Direct Energy Business, : LLC, : 4 : Complainant, : 5 : vs. : Case No. 14-1277-EL-CSS 6 : Duke Energy Ohio, Inc., : 7 : Respondent. : 8 - - - 9 PROCEEDINGS 10 11 before Mr. Nicholas Walstra, Attorney Examiner, at 12 the Public Utilities Commission of Ohio, 180 East 13 Broad Street, Room 11-C, Columbus, Ohio, called at 14 10:15 a.m. on Tuesday, June 13, 2017. 15 - - - 16 17 18 19 20 21 ARMSTRONG & OKEY, INC. 22 222 East Town Street, 2nd Floor Columbus, Ohio 43215-5201 23 (614) 224-9481 - (800) 223-9481 24 - - - 25 2 1 APPEARANCES: 2 Whitt Sturtevant LLP By Mr. Mark A. Whitt 3 and Ms. Rebekah J. Glover The KeyBank Building, Suite 1590 4 88 East Broad Street Columbus, Ohio 43215 5 On behalf of Direct Energy Business, LLC. 6 Duke Energy Ohio, Inc. 7 By Ms. Amy B. Spiller Deputy General Counsel, 8 Ms. Elizabeth H. Watts Associate General Counsel, 9 and Ms. Jeanne W. Kingery Associate General Counsel, 10 139 East Fourth Street, 1303-Main P.O. Box 906 11 Cincinnati, Ohio 45201-0960 12 On behalf of Duke Energy Ohio, Inc. 13 - - - 14 15 16 17 18 19 20 21 22 23 24 25 3 1 INDEX TO EXHIBITS 2 - - - 3 DIRECT ENERGY BUSINESS EXHIBITS ADMITTED 4 1 Direct Testimony of Teresa Ringenbach 9 5 2 Direct Testimony of Robert Kennelly 9 (Public Version) 6 3 Direct Testimony of Timothy Abbott 9 7 (Confidential Version) 8 4 Duke Energy Ohio, Inc. 9 Certified Supplier Tariff, P.U.C.O. 9 Electric Tariff No. 20 (2013 Version) 10 5 Duke Energy Ohio, Inc. 9 Certified Supplier Tariff, P.U.C.O. 11 Electric Tariff No. 20 (Current Version) 12 6 Certified Supplier Service Agreement, 9 effective as of September 3, 2010 13 7 Deposition of Timothy Abbott 9 14 8 Deposition of Daniel L. Jones 9 15 9 Deposition of Dana Adams 9 16 10 Deposition of Jennifer Seamon 9 17 - - - 18 DUKE ENERGY OHIO EXHIBITS ADMITTED 19 1 Direct Energy Business, LLC, v. 9 20 Duke Energy Ohio, Answer of Duke Energy Ohio 21 (August 13, 2014) 22 2 Duke Energy Ohio, Inc. 9 Certified Supplier Tariff, P.U.C.O. 23 Electric Tariff No. 20 (January 1, 2012) 24 25 4 1 INDEX (Continued) 2 - - - 3 DUKE ENERGY OHIO EXHIBITS ADMITTED 4 3 PJM Open Access Transmission Tariff, 9 ER10-2710-000 (September 17, 2010) 5 4 Amended and Restated Operating Agreement 9 6 of PJM Interconnection, L.L.C., FERC Docket No. ER11-4040-000 7 (July 14, 2011) 8 5 PJM Manual 29, Revision 23 9 (January 1, 2012) 9 6 PJM InSchedule User Guide, Revision 1 9 10 (August 29, 2012) 11 7 Direct Testimony of Timothy Abbott 9 (Confidential Version) 12 (April 14, 2015) 13 8 Direct Testimony of Timothy Abbott 9 (Public Version) 14 (April 14, 2015) 15 9 Deposition of Teresa Ringenbach 9 (April 21, 2015) 16 10 Deposition of Robert Kennelly 9 17 (April 21, 2015) 18 11 Deposition of Andrew Vance 9 (April 21, 2015) 19 12 Deposition of Marjorie Philips 9 20 (April 21, 2015) 21 13 Discovery Responses of Direct Energy, 9 DEO-INT-01-005 22 DEO-INT-01-018 DEO-INT-01-020 23 DEO-RPD-01-001 DEO-RFA-01-001 24 DEO-RFA-01-002 DEO-RFA-01-003 25 5 1 INDEX (Continued) 2 - - - 3 DUKE ENERGY OHIO EXHIBITS ADMITTED 4 14 Discovery Responses of Duke Energy Ohio, 9 DIRECT-INT-01-003 5 DIRECT-INT-01-006 DIRECT-INT-01-007 6 DIRECT-INT-01-008 DIRECT-INT-01-009 7 DIRECT-POD-01-002(c)(supplemental) DIRECT-POD-01-002(f) 8 DIRECT-POD-01-002(g) DIRECT-POD-01-002(h) 9 DIRECT-POD-01-002(q) DIRECT-POD-03-005 10 15 Direct Energy Business, LLC, v. -- 11 Ohio Edison Company and The Cleveland Electric Illuminating Company, 12 PUCO Case No. 17-791-EL-CSS, Complaint (March 20, 2017) 13 16 Direct Energy Business, LLC, v. -- 14 Ohio Edison Company and The Cleveland Electric Illuminating Company, 15 PUCO Case No. 17-791-EL-CSS, Answer (April 10, 2017) 16 17 Ohio Edison Company and The Cleveland -- 17 Electric Illuminating Company v. Direct Energy Business, LLC, 18 U.S. District Court Case No. 5:17-cv-00736, 19 Complaint (April 10, 2017) 20 18 Ohio Edison Company and The Cleveland -- Electric Illuminating Company v. 21 Direct Energy Business, LLC, U.S. District Court 22 Case No. 5:17-cv-00736, Motion to Dismiss (May 12, 2017) 23 - - - 24 25 6 1 Tuesday Morning Session, 2 June 13, 2017. 3 - - - 4 EXAMINER WALSTRA: The Public Utilities 5 Commission of Ohio has called for hearing at this 6 time and place, Case No. 14-1277-EL-CSS, a complaint 7 brought by Direct Energy Business, LLC, versus Duke 8 Energy Ohio, Incorporated. 9 My name is Nick Walstra. I'm the 10 Attorney Examiner assigned by the Commission to hear 11 the case. 12 We'll begin by taking appearances from 13 the parties. Direct. 14 MR. WHITT: Thank you, your Honor. On 15 behalf of the Complainant, Direct Energy Business, 16 LLC, Mark Whitt and Rebekah Glover from the firm of 17 Whitt Sturtevant, LLP, 88 East Broad Street, Suite 18 1590, Columbus, Ohio 43215. 19 EXAMINER WALSTRA: Thank you. 20 Duke. 21 MS. WATTS: Thank you, your Honor, and 22 good morning again. On behalf of Duke Energy Ohio, 23 Amy B. Spiller, Elizabeth H. Watts, and Jeanne W. 24 Kingery, 139 East Fourth Street, Cincinnati, Ohio 25 45201. 7 1 EXAMINER WALSTRA: Thank you. 2 We had some discussion off the record 3 about stipulating to the evidence. Who wants to -- 4 Mr. Whitt, do you want to -- 5 MR. WHITT: Yes, your Honor. 6 EXAMINER WALSTRA: -- explain the 7 process? 8 MR. WHITT: Thank you, your Honor. 9 The counsel for the parties have 10 conferred a few times before today and have agreed 11 that certain testimony and other documents should be 12 admitted by stipulation; that both sides would waive 13 cross-examination of each other's witnesses. 14 I have received an exhibit list from 15 Duke. I've discussed the list with Ms. Watts, and I 16 believe we have agreed that was it Exhibits 1 through 17 13 would be admitted? I think the last two exhibits 18 on your list we had discussed referencing those 19 documents through administrative notice. 20 MS. WATTS: On your list or my list? 21 MR. WHITT: On your list. 22 MS. WATTS: Last four documents. 23 MR. WHITT: Last four documents? 24 MS. WATTS: Yeah. The list goes through 25 18 and it's the last four documents. 8 1 MR. WHITT: Okay. So I think the 2 agreement is that the parties would stipulate to the 3 admission of Duke Exhibits 1 through 14. 4 Direct has identified 10 exhibits. I've 5 discussed those with Ms. Watts and believe that Duke 6 will stipulate to the admission of those exhibits as 7 well. I have not filed an exhibit list. I will file 8 such a list today. I'm more than happy to go through 9 the items that will be on that list if the Bench so 10 desires. 11 EXAMINER WALSTRA: Is that your 12 understanding, Ms. Watts? 13 MS. WATTS: Yes, your Honor, that's 14 correct. And I believe we have agreed to stipulate 15 to the admission of what would be on Mr. Whitt's 16 list, but I would like to reserve a final opportunity 17 to review it when it's filed just in case, but I 18 don't anticipate that there would be any problem with 19 the list that's been proposed. 20 EXAMINER WALSTRA: Okay. Duke filed an 21 exhibit list yesterday that is in the docket 22 identifying 18 exhibits. With the stipulation of the 23 parties, we'll admit Exhibits 1 through 14 into the 24 record. Exhibits 15 through 18 we'll take 25 administrative notice of. 9 1 (EXHIBITS ADMITTED INTO EVIDENCE.) 2 MS. WATTS: Thank you, your Honor. 3 EXAMINER WALSTRA: And regarding Direct, 4 they will file their evidence later today. We will 5 take, is it Exhibits 1 through 10? 6 MR. WHITT: Yes, your Honor. 7 EXAMINER WALSTRA: They will be admitted. 8 I'll allow Duke an opportunity to object after the 9 filing if need be. 10 (EXHIBITS ADMITTED INTO EVIDENCE.) 11 MS. WATTS: Thank you. And certainly if 12 there's a need for that, it will happen within 24 13 hours. 14 EXAMINER WALSTRA: Okay. Otherwise, we 15 also discussed a briefing schedule. Initial briefs 16 will be due July 21st, with replies due August 11th. 17 Anything else to come before the Bench? 18 MR. WHITT: Nothing from Direct, your 19 Honor. 20 MS. WATTS: Nothing further from Duke, 21 your Honor. 22 EXAMINER WALSTRA: All right. Well, 23 thank you, everybody. 24 (Thereupon, at 10:20 a.m., the hearing 25 concluded.) 10 1 CERTIFICATE 2 I do hereby certify that the foregoing is a 3 true and correct transcript of the proceedings taken 4 by me in this matter on Tuesday, June 13, 2017, and 5 carefully compared with my original stenographic 6 notes. 7 8 _______________________________ Carolyn M. Burke, Registered 9 Professional Reporter, and Notary Public in and for the 10 State of Ohio. 11 My commission expires July 17, 2018. 12 - - - 13 14 15 16 17 18 19 20 21 22 23 24 25