From left, Ohio Supreme Court Justices Patrick F. Fisher, Judith L. French and Terrence O’Donnell listen to attorney B. Jessie Hill in a case in September. THE COLUMBUS DISPATCH

DP&L case at Supreme Court: What’s really going on

Ohio’s Supreme Court is scheduled to hear oral arguments in December in a case involving Dayton Power & Light.

Last week the court scheduled oral arguments in the case for Dec. 6. The Office of the Ohio Consumers’ Counsel (OCC) appealed to the court in February this year, asking it to invalidate a Public Utilities Commission of Ohio (PUCO) order that allowed DP&L to avoid reducing certain charges to customers.

The legal saga goes back to June 2016, when the Ohio Supreme Court overturned a PUCO decision related to DP&L, a decision that had allowed DP&L to charge customers extra.

RELATEDSupreme Court weighs in on DP&L case

About a month after the Supreme Court’s ruling, in July 2016, DP&L filed to withdraw its application for the plan that included those proposed charges.

The OCC said that as a result, DP&L’s residential consumers should have saved nearly $10 per month.

FROM JUNE 2016Ohio Supreme Court strikes down DP&L charge. 

“But the PUCO, acting on DP&L’s recommendations, only reduced DP&L’s charges to consumers by about $4 per month,” the OCC said.

In its February 2017 appeal to the state Supreme Court, the OCC said the PUCO violated state law when it allowed DP&L to withdraw its ESP or “electric security plan” in July 2016.

The OCC said at the time: “The PUCO unreasonably and unlawfully allowed a utility to withdraw its electric security plan after 32 months of charging customers.”

The OCC is seeking to have DP&L rates reduced going forward to compensate customers for what the office considers improper charges.

The Industrial Energy Users, the Ohio Manufacturers’ Association and Kroger also have appeals pending for the oral arguments.

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