Update:  DP&L has officially withdrawn its MRO filing and announced that it intends to file a new ESP plan that will likely be much worse than its initial filing, given the PUCO’s AEP ESP decision.

On September 7, 2012, DP&L filed a motion to set a procedural schedule for its ESP, which has not yet been filed.  DP&L’s proposal is very aggressive and includes a hearing over the Thanksgiving holiday.  Accordingly, the OMAEG participated in a conference call this week with the other intervening parties.  The group plans to file a joint motion to dismiss the procedural schedule because DP&L has not yet filed an ESP.

Additionally, as you may be aware, DP&L’s current rate plan includes a substantial nonbypassable rate stabilization charge that we believe is scheduled to expire at the end of 2012, regardless of whether a new plan has been approved.  DP&L’s procedural schedule request is likely an attempt to avoid the issue of whether that charge continues, but it is also unlikely that the PUCO could rule on a new plan before January 1, 2013.  Accordingly, the intervenors plan to file a joint pre-emptive request for the PUCO to find that the rate stabilization charge expires to avoid a scramble at the end of the year.