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PUCO Defers Prior Revisions to Allocation of Discounted Capacity at AEP Ohio

February 6, 2012

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Copyright 2010-12 Energy Choice Matters

AEP Ohio will not be required to immediately revise its detailed implementation plan (DIP) regarding the allocation of discounted capacity to comply with a recent clarification from PUCO, an Ohio attorney examiner held Friday.

As first reported by Matters, PUCO on January 23 clarified its order modifying the AEP Ohio electric security plan to, among other things, specify that discounted capacity provided to opt-out aggregations is "separate" from the capped discounted capacity allocations set forth in the stipulation, and to specify that no re-allocation of unused RPM-priced capacity allotments is to occur among customer classes, both before and after January 1, 2012.

These clarifications would have the effect of increasing the amount of capacity made available to retail suppliers at the discounted, RPM price.

Arguing that the January 23 order impermissibly went beyond a mere clarification and amounted to a modification of PUCO's prior order, AEP Ohio said that it would not, absent further direction from PUCO, file a revised detailed implementation plan for discounted capacity to conform to the January 23 order. AEP Ohio asked that the requirement to file a revised detailed implementation plan be deferred until after PUCO issues an order on rehearing.

The attorney examiner granted AEP Ohio relief from immediately filing a revised detailed implementation plan, but also imposed a hard deadline for such filing, to the extent a rehearing order from PUCO is not forthcoming.

Specifically, the hearing examiner ordered that AEP Ohio shall file its revised detailed implementation plan seven days after the Commission issues its finding and order on rehearing, or by March 14, 2012, whichever is earliest.

"In light of the unique circumstances of this case and in order to avoid customer uncertainty that may arise as a result of multiple DIP revisions being filed in a brief period of time, the attorney examiner finds that permitting AEP-Ohio to file its revised DIP within seven days of the Commission's issuance of its entry on rehearing may lessen the likelihood that AEP-Ohio will have to file multiple DIP revisions based upon decisions the Commission may make," the attorney examiner said.

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