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Consumer Counsel Seeks Change To 20-Year Old Partial Payment Hierarchy Which Pays Past Due Retail Supplier Charges First (Non-POR Market)

September 11, 2025

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Copyright 2025 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com

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The Ohio Consumers' Counsel has sought changes to the partial payment processing hierarchy for utility consolidated bills at Dayton Power & Light (AES Ohio).

Dayton Power & Light does not offer a purchase of receivables program for competitive retail electric service (CRES) providers

Instead, and specifically adopted by PUCO as, "[i]n lieu of [DP&L] purchasing CRES provider accounts receivable," (insofar as PUCO adopted settlement language reading as follows), the partial payment posting priority at DP&L was modified in 2004 to be: first, CRES past due power and energy, including transmission and ancillary charges, then EDU past due, then EDU current, then CRES current

The partial payment posting priority approved by PUCO for DP&L does differ from the generally applicable posting order under PUCO's rules, which is: first, EDU past due, then CRES past due, then CRES current, then EDU current

OCC said that AES Ohio’s current partial payment order, "has the potential to increase the uncollectible amount that is paid for by consumers," since the CRES past due charges could deplete the customer's entire partial payment

OCC noted that a recent PUCO-selected consultant's report in an audit of DP&L's uncollectible expense recovery had cited the potential for DP&L's current partial payment posting order (for customers on a payment plan with past due amounts) to result in a higher uncollectible balance relating to distribution service

The consultant's audit report had stated, "After considering the change in the payment priority based on whether the bill is current or past due, we find that the partial payment priority used for past due payments has the potential effect of increasing the deferred uncollectible expense account. This occurs because partial payments for past due accounts are applied first to reduce past due supplier charges. As a result, if the payment plan is not completed on a given account, the remaining balance on that account is likely to have a higher uncollectible balance relating to distribution service which would be recorded in the deferred uncollectible expense account."

OCC said, "Distribution charges should also be collected first because they are for a regulated essential service that is provided by a public utility. The utility’s distribution service is a regulated monopoly service that ensures a customer’s lights stay on. If a utility applies a customer’s partial payment to a marketer’s charge first, it may declare the distribution portion unpaid and proceed to disconnect service."

"For consumer protection, AES Ohio’s partial payment priority order should be changed at the earliest opportunity to comply with the order established at O.A.C. 4901:1-10-22(H)," OCC said

OCC also said that PUCO, "should consider and review the practical impact of partial payment priority during the next electric utility rules review."

Case 24-132-EL-UNC

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