PUCO Seeks Additional Briefing On Dayton Power & Light Electric Security Plan (Default Service), Due To Recent Court Decision On Other EDCs' Rider

July 3, 2019

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Copyright 2010-19 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com

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The Public Utilities Commission of Ohio has requested from parties further briefing on the electric security plan at Dayton Power & Light, due to the inclusion in a stipulation (which itself is being contested after withdrawal of a retail supplier) of a distribution modernization rider (Rider DMR) similar to, but not identical to, the Rider DMR which the Ohio Supreme Court recently struck as unlawful at the FirstEnergy Ohio EDCs.

See a discussion of the Court's decision striking Rider DMR here

While Rider DMR has no direct impact on default service, it was included in a stipulation governing Dayton Power & Light's electric security plan, which addresses a variety of issues related to default service and the retail market

To the extent the version of Rider DMR at DP&L is ultimately determined to be unlawful for the same reasons as the rider at the FirstEnergy EDCs, it could result in further changes to the stipulation and the electric security plan, or could prompt parties to withdraw from the stipulation, and result further litigation of the electric security plan, including putting back into play various proposed retail market enhancements

As previously reported, IGS Energy already withdrew from the electric security plan stipulation after PUCO amended the stipulation by making a reconciliation rider to recover OVEC costs nonbypassable, rather than bypassable as provided in the stipulation

As one of the terms it had sought in the stipulation as part of a bargain (compromising on other sought issues) was struck, IGS Energy withdrew from the stipulation, and has again been seeking various retail market enhancements that it had sought initially in the case, before agreeing to the stipulation.

See background on IGS's withdrawal and sought retail market enhancements here

Indeed, since withdrawing from the stipulation, IGS Energy has filed testimony opposing Rider DMR

PUCO specifically requested additional briefing as follows, "Given the Supreme Court of Ohio’s recent [DMR] ruling in Ohio Edison (FirstEnergy EDCs), the attorney examiner finds that parties should have the opportunity to brief the impact of Ohio Edison on this proceeding."

Case NO. 16-395-EL-SSO

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