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Retail Supplier Seeks Stay Of Case Remanded By Court To PUC Concerning Amount Of Penalty Imposed On Supplier

May 19, 2026

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Copyright 2026 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com

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RPA Energy, Inc. d/b/a Green Choice Energy requested that the PUC of Ohio stay a proceeding on remand concerning the amount of forfeiture previously ordered by PUCO against RPA Energy as a penalty for violations found by PUCO in an order

See background on the proceeding here

In brief, while the Ohio Supreme Court upheld PUCO's order revoking RPA's license, the Court found that PUCO's order did not include support for the amount of forfeiture ultimately ordered by PUCO (which was $1.44 million), with the proceeding remanded to PUCO regarding the amount of the forfeiture

RPA reported that discussions among counsel for the parties, "reveal a mutual interest in exploring the possibility of settlement."

RPA said, "The current schedule does not accommodate the preparation of responsive testimony and settlement discussions simultaneously. The requested stay would allow the parties to focus their efforts on settlement, which is the preferred resolution of contested proceedings under long-standing Commission policy."

Additionally, RPA said that a stay is required regardless due to the higher listed amount of violations alleged by PUCO Staff in testimony on remand, versus the number of violations previously alleged

Staff recently filed testimony explaining and clarifying how Staff arrived at Staff's proposed forfeiture (which was $1.5 million). Staff did not change its recommendation concerning the forfeiture amount in the remand testimony, but Staff did in the remand testimony now allege that 281 violations occurred, as opposed to a prior allegation of 156 violations

In light of such revision, RPA said, "the current schedule does not provide sufficient time to review and respond to Staff's May 11 testimony. The Commission’s October 13, 2023 Opinion and Order assessed a forfeiture based on 'approximately 150 violations' but Staff’s remand testimony now alleges '281 total violations.' Reviewing and responding to these alleged violations will require extensive effort that simply cannot be completed effectively by May 25."

Case 22-441-GE-COI, 22-0441-GE-COI

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