Update: On May 5, 2017, several parties filed initial briefs both in support of and in opposition to the amended settlement that was reached in March. As you will recall, the amended settlement called for a Distribution Modernization Rider (DMR) in the amount of $105M per year for three years with an option to request a 2 year extension, and elimination of the Distribution Investment Rider (DIR-B) rider that was estimated to cost consumers $207.5M. DP&L also agreed to convert the forgone tax sharing liabilities to AES Corporation into equity payments (estimated by DP&L to be a $300M gain for customers). As consideration for OMAEG’s agreement not to oppose the amended settlement, OMAEG secured a $.004/kWh credit under the Economic Development Rider (EDR) for certain qualifying OMAEG members and DP&L’s agreement to make those members who do not qualify for the EDR credit to see no increase in their current rates, plus a slight discount.

OMAEG filed a reply brief in response to briefs filed by OCC and Walmart opposing the amended settlement. OCC and Walmart argued that the EDR credits to OMAEG and other signatory parties, and the cash payments to offset increased rates were unlawful, discriminatory, and contrary to PUCO precedent and policy. In its reply, OMAEG pointed to hearing testimony where OCC’s witness admitted that OCC had been a signatory party to several other settlements that provided for the same or similar benefits and payments to signatory parties and were approved by the PUCO. OMAEG also argued that the EDR credits and payments to offset rates were economic development and job retention programs expressly provided for under Ohio law and designed to incentivize manufactures to retain jobs and invest in Ohio.