Kroger, Ohio manufacturers ask top court to revisit DP&L ruling

The Ohio Consumers’ Counsel, Kroger and the Ohio Manufacturers’ Association are asking the state’s top court to reconsider a recent ruling that said DP&L customers aren’t entitled to a refund for some charges which were deemed unlawful by the Ohio Supreme Court.

The three organizations jointly filed a motion Monday asking the Ohio Supreme Court to reconsider its Oct. 4 ruling against an appeal for Dayton-area electric customers, the consumers’ counsel office said in a statement Tuesday.

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A 4-member court majority ruled in that case  against what the plaintiffs considered a refund or remedy for more than 500,000 DP&L customers.

The appeal to the Supreme Court sought refunded charges for what the three parties argued were unlawful charges.


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.

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