Plaintiffs wanted relief because, they argued, DP&L kept $294 million that it already collected, even though the Supreme Court had earlier determined certain charges to be unlawful.
In response to that recent appeal, the Supreme Court majority ruled that it’s not the court’s role to set electric utility rates.
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“The effect of the court’s opinion is that DP&L and the Public Utilities Commission of Ohio … will avoid any consequence for disregarding an order of this court — and customers will be denied relief,” the three plaintiffs said Tuesday.
“The opinion also leaves DP&L’s customers harmed but without recourse after having been subjected to a transition charge that this court deemed to be unlawful,” they added. “As the concurring opinion notes, the effect of the court’s ruling is unfair and results in a windfall to DP&L.”
A DP&L spokeswoman said the utility is satisfied with the court’s ruling.