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After Supreme Court Reversal, Ohio Utility Files To Implement Standard Service Offer (SSO) Rates From 2013 (Supreme Court Reverses Order That Approved Market-Based Default Service)

July 28, 2016

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Copyright 2010-16 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com

Dayton Power & Light has filed at the Public Utilities Commission of Ohio to implement Standard Service Offer (SSO) rates that are consistent with the rates that were in effect before a September 4, 2013 PUCO order on DP&L's electric security plan under Case 12-426-EL-SSO (which is DP&L's current ESP used for rates), due to the Supreme Court of Ohio's recent decision reversing PUCO's ESP approval order

DP&L said that the June 20, 2016 decision by the Supreme Court of Ohio in the case In re Application of Dayton Power & Light Co., "reversed in total the Commission's decision approving DP&L's ESP in Case No. 12-426-EL-SSO, et al." (Case No. 2014-1505, Slip Op. No. 2016-Ohio-3490)

"That Supreme Court decision thus reversed the Commission's decision approving all aspects of DP&L's 12-426-EL-SSO ESP," DP&L said

Quoting statute, DP&L noted that, "Only a standard service offer authorized in accordance with section 4928.142 or 4928.143 of the Revised Code, shall serve as the utility's standard service offer for the purpose of compliance with this section."

"As the Supreme Court of Ohio reversed in total the Commission's September 4, 2013 Opinion and Order in this case, those sections establish that the Commission must implement the immediately-prior SSO that the Commission authorized for DP&L, which was from DP&L's first ESP case. Rates that are consistent with DP&L's 2013 Rates therefore must be put back into effect until Commission approval of a new SSO," DP&L said

DP&L also moved to withdraw its ESP under Case 12-426-EL-SSO

In such ESP, PUCO had approved a transition to using competitive auctions to source 100% of SSO supplies at DP&L. In its currently pending proposed ESP for the period beginning June 1, 2017, DP&L has proposed to continue to rely on competitive load following, full-requirements auctions for 100% of SSO supplies.

While most of the appeals to the Supreme Court focused on "stability" riders intended to provide additional revenue to DP&L, DP&L had also appealed PUCO's order accelerating the contemplated transfer of its then-utility-owned generation to a competitive affiliate or third party, and an acceleration in the transition to fully market-based SSO pricing.

Additionally, the now-reversed PUCO order has directed several retail market enhancements at DP&L. These were elimination of the minimum stay and return-to-firm provisions in the generation tariffs, implementation of a web-based portal for CRES providers to obtain DP&L customer information in a more usable and manageable fashion, implementation of an auto-cancel feature to DP&L's bill-ready billing function, removal of the enrollment verification that requires a CRES provider to have the first two digits of the customer name on the account as well as the correct account number, support for historical interval usage data (HIU) data requests via Electronic Data Interchange (EDI), and the provision, to CRES providers, of a standardized sync list on a monthly basis.

See background on PUCO's order here

September 4 Order Prior To Nunc Pro Tunc Correction

September 4 Order With Nunc Pro Tunc Correction

March 19, 2014 Second Rehearing Order

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