Commission | Registrant, State of Incorporation | Employer |
File Number | Address and Telephone Number | Identification No. |
1-9052 | DPL INC. | 31-1163136 |
(An Ohio corporation) | ||
1065 Woodman Drive | ||
Dayton, Ohio 45432 | ||
937-259-7215 |
1-2385 | THE DAYTON POWER AND LIGHT COMPANY | 31-0258470 |
(An Ohio corporation) | ||
1065 Woodman Drive | ||
Dayton, Ohio 45432 | ||
937-259-7215 |
• | Bypassable standard offer energy rates for DP&L’s customers based on competitive bid auctions. |
• | A three-year non-bypassable Distribution Modernization Rider designed to collect $105 million in revenue per year to pay debt obligations at DPL and DP&L and position DP&L to modernize and/or maintain its transmission and distribution infrastructure, with an option for DP&L to file for an extension of the rider for an additional two years in an amount to be subsequently approved by the PUCO. |
• | A non-bypassable Distribution Investment Rider to recover incremental distribution capital investments. |
• | DP&L to transfer its generation assets and non-debt liabilities (the “Generation Separation Transaction”) to AES Ohio Generation, LLC, a subsidiary of DPL and affiliate of DP&L (“AES Ohio Gen”), within 180 days of the PUCO’s approval of the Amended Settlement, subject to approval of the Federal Regulatory Commission (“FERC”). DP&L’s application filed with the FERC to complete the Generation Separation Transaction is pending as of the time this report is filed. |
• | DP&L (or its affiliate, in light of the proposed Generation Separation Transaction) to commence a sale process to sell its ownership interests in the following coal-fired generating plants to a third party, and for all sale proceeds to be used to pay debt of DPL and DP&L: (i) Zimmer - Unit 1, (ii) Miami Fort - Units 7 and 8; and (iii) Conesville - Unit 4. DP&L co-owns each of these coal-fired generating plants and the sale of a plant is subject to agreement by all the co-owners of the plant and FERC approval. |
• | Restrictions on DPL making dividend payments to AES or AES Ohio Gen or tax-sharing payments to AES, and an obligation to convert existing tax payments owed by DPL to AES, and similar tax payments that accrue during the term of the electric security plan, into equity investments in DPL. |
• | The threshold for DP&L’s Significantly Excessive Earnings Test, which measures DP&L’s earnings to determine whether there have been significantly excessive earnings during a |
• | DP&L to implement a Smart Grid Rider, Economic Development Rider, Economic Development Fund, Reconciliation Rider, Regulatory Compliance Rider and certain other new, or changes to existing, riders and tariffs and competitive retail market enhancements. |
Exhibit 10.1 | Amended Stipulation and Recommendation dated March 13, 2017 |
Exhibit 99.1 | DP&L Press Release, dated March 14, 2017 |
DPL Inc. | |||
Date: March 14, 2017 | By: | /s/ Judi L. Sobecki | |
Name: | Judi L. Sobecki | ||
Title: | General Counsel and Secretary |
The Dayton Power and Light Company | |||
Date: March 14, 2017 | By: | /s/ Judi L. Sobecki | |
Name: | Judi L. Sobecki | ||
Title: | Vice President, General Counsel and Secretary |
In the Matter of the Application of The Dayton Power and Light Company for Approval of Its Electric Security Plan In the Matter of the Application of The Dayton Power and Light Company for Approval of Revised Tariffs In the Matter of the Application of The Dayton Power and Light Company for Approval of Certain Accounting Authority Pursuant to Ohio Rev. Code § 4905.13 | : : : : : : | Case No. 16-0395-EL-SSO Case No. 16-0396-EL-ATA Case No. 16-0397-EL-AAM |
________________________________________________________________ AMENDED STIPULATION AND RECOMMENDATION ________________________________________________________________ |
I. | Term |
II. | Distribution Service and Grid Modernization |
a. | During the ESP term, DPL Inc. will not make any dividend payments to AES Corporation or to AES Ohio Generation, LLC. |
b. | During the DMR term, DPL Inc. agrees that it will not make any contractually-required tax sharing payments to AES Corporation ("Tax Sharing Liabilities"). Pursuant to the preceding sentence, AES Corporation agrees to forgo collection of the Tax Sharing Liabilities payable throughout the DMR term, and DPL Inc. will not continue to accrue the Tax Sharing Liabilities in its financial statements. AES and DPL Inc. will convert the entirety of the current and non-current DPL Inc. |
c. | Assuming FERC approval, DP&L agrees to transfer its generation assets and non-debt liabilities to AES Ohio Generation, LLC, an affiliated subsidiary of DPL Inc., within 180 days following final Commission approval of this Stipulation, provided that the Commission approves this Stipulation without material modifications. |
d. | DP&L (or the affiliate to whom the generation assets are transferred) will commit to commence a sale process to sell to a third party its ownership in Conesville, Miami Fort, and Zimmer Stations. |
e. | AES Corporation will use all proceeds from any sale of the coal generation assets to make discretionary debt repayments at DP&L and DPL Inc. |
a. | DP&L will implement a non-bypassable Distribution Modernization Rider ("DMR") for years 1 through 3 of the term of the ESP. The DMR shall be designed to collect $105 million in revenue per year.1 With Commission |
b. | Cash flow from the DMR will be used to (a) pay interest obligations on existing debt at DPL Inc. and DP&L; (b) make discretionary debt prepayments at DPL Inc. and DP&L; and (c) position DP&L to make capital expenditures to modernize and/or maintain DP&L's transmission and distribution infrastructure. |
c. | The cost allocation of the DMR to tariff classes will balance the bill impact to customers, fairness, and cost-causation principles. This allocation shall be as follows: 34% allocated based on 5 Coincident Peaks, 33% allocated based on distribution revenue, and 33% based on historic allocation of the currently charged non-bypassable rider. DMR cost allocation and rate design are shown in Exhibit A. DMR will include an |
i. | Residential, secondary and lighting classes will be $/kWh rates by year three. DP&L will phase in the proposed rate design for the Residential Heating class and Secondary class over a two year period. DMR rates are provided in Exhibit A. |
ii. | All other classes will include both energy and demand rates. |
d. | A DP&L Distribution Investment Rider ("DIR") will be established, set initially at zero, to recover incremental distribution capital investments recorded in Account 101 Plant In Service related to FERC Plant Accounts 360-374. Recovery of revenue requirements will be based upon and commence with the resolution of DP&L's distribution rate case (Case No. 15-1830-EL-AIR) or a future distribution rate case. All other matters related to the DIR, including, but not limited to cost allocation, term, rate design, and annual revenue caps, shall be addressed in the pending (Case No. 15-1830-EL-AIR) or a future distribution rate case. |
e. | Rider DMR revenues shall be excluded from Significantly Excessive Earnings Test ("SEET") calculations. DP&L's SEET threshold will remain at 12%. |
a. | Distribution Infrastructure Modernization Plan: DP&L will file a comprehensive Distribution Infrastructure Modernization Plan ("Modernization Plan") within three months of completion of the Commission's Power Forward initiative or February 1, 2018, whichever is earlier unless an extension is recommended by Staff or granted by the Commission. |
b. | The Modernization Plan should assess and analyze the cost-effectiveness and provide a cost/benefit analysis of all of its components and provide anticipated timelines for deployment. The Modernization Plan will identify operational cost savings from the program. The Modernization Plan will include a proposal for specific technology components, including but not limited to: advanced metering infrastructure (AMI), including smart meters; meter data management systems capable of providing bill-quality data, i.e., data that has gone through the validation, estimation, and editing "VEE" process, to CRES providers and authorized third parties; system-wide distribution automation; and volt-VAR optimization. |
c. | The costs of DP&L's grid modernization efforts as outlined in the to-be-filed Modernization Plan, once approved by the Commission, will be recovered through a new Smart Grid Rider ("SGR"). The costs of the grid modernization program will be subject to an annual prudence review. The |
III. | Standard Offer Rate |
a. | Consistent with the current process, DP&L will procure RECs to meet the requirements in ORC 4928.64 and recover those reasonable and prudent costs on a bypassable basis. Although these amounts will be separately identified in supporting schedules, these amounts will be included as a component of the Standard Offer Rate instead of a separate Alternative Energy Rider ("AER") Tariff. This maintains the simplicity of one Tariff for bypassable charges that allows for an easy price-to-compare. Additionally, DP&L agrees to not implement the cash working component of the Standard Offer Rate as originally proposed in the Application. |
b. | For the proposed Standard Offer Rate, DP&L will phase in the proposed rate design for the Residential Heating Class and Secondary Class over a |
c. | The Unbilled Fuel as proposed in the Application will be recovered and tracked separately on a bypassable basis over a three-year period with no carrying charges. |
d. | In DP&L’s filed distribution rate case (Case No. 15-1830-EL-AIR), there will be an evaluation of costs contained in distribution rates that may be necessary to provide standard service offer service. Any reallocation of costs to the standard service offer as a result of this evaluation will be revenue neutral to DP&L. |
IV. | Economic Development Rider |
a. | The following economic development incentives will be equal to $(0.0040) per kWh for all kWh: |
i. | Economic Improvement Incentive available to single site customers with MW demand of 10 MW or greater with an average load factor of at least 80%. The Signatory or Non-Opposing Parties that qualify for the incentive are: one member of Ohio Energy Group ("OEG") (both accounts), one member of Industrial Energy Users-Ohio ("IEU") and Miami Valley Hospital (the Ohio Hospital Association). |
ii. | Automaker Incentive available to single site customers with MW demand of 4 MW or greater. The Signatory or Non-Opposing Parties that qualify for the incentive are: One member of OEG, Honda of America Mfg., Inc. ("Honda"), and one other member of OMAEG. |
iii. | Ohio Business Incentive available to businesses headquartered in the State of Ohio; this incentive will aggregate accounts within the DP&L service area and must achieve a total average demand of 2 MW or greater. The Signatory or Non-Opposing Parties that qualify for the incentive are: Honda, two other members of OMAEG, The Kroger Co. ("Kroger"), and one member of IEU. |
V. | Economic Development Grant Fund |
a. | Economic Development grant fund of $1,000,000 annually for use by customers within DP&L's service territory for energy programs and infrastructure. |
b. | Within 60 days of Commission approval of the Stipulation, DP&L shall provide the first of no more than five economic development grants that will total $2 million dollars over the term of the ESP. DP&L will consult with the Adams County officials to identify the most appropriate third-party to administer the funds. The funds will be used specifically for (a) economic development activities, (b) workforce development, and (c) direct financial education assistance for job training at state or federally licensed educational institutions for individual DP&L employees who work at generation facilities in Adams and Brown Counties, Ohio and surrounding communities. At least half of the funds provided by DP&L shall be used for job training. DP&L further agrees to collaborate with |
c. | To partially offset the costs of this Stipulation and rate design modifications, within ten days of an Order by the Commission authorizing DP&L to file tariff sheets to collect the Distribution Modernization Rider, DP&L will pay $145,000 to IEU-Ohio for the benefit of its members, $18,000 to OMAEG for the benefit of its members and $160,000 to Kroger, according to instructions for payment provided by the parties. Thereafter, DP&L will pay the same amounts to IEU-Ohio, OMAEG and Kroger, according to instructions for payment provided by the parties, on the annual anniversary of the date on which the first payment described in the prior sentence was made. If the Commission, another administrative agency, or a court modifies the proposed amount to be collected or credited under the Distribution Modernization Rider or the EDR credits, the parties agree that such modification is a material modification and agree to negotiate in good faith to amend this paragraph so that the parties receive the expected value of the agreement. In no event shall IEU-Ohio, OMAEG, Kroger or any of their benefiting members be obligated to return all or any portion of any payment made by DP&L5. |
VI. | Other Riders and Tariffs |
a. | Reconciliation Rider: |
i. | DP&L shall withdraw its request to recover in this case OVEC costs that it has deferred pursuant to the Commission's Order in Case No. 13-2420-EL-UNC. DP&L shall file an application in a separate proceeding to seek recovery of those costs. Signatory and Non-Opposing Parties shall not contest DP&L's request to recover the OVEC deferral in that separate proceeding provided DP&L uses good faith efforts to divest from the OVEC units.6 |
ii. | After an Order in this ESP case, DP&L shall defer/recover or credit, the net of proceeds from selling OVEC energy and capacity into the PJM marketplace and OVEC costs. This Rider will be charged on a bypassable basis, allocated to tariff classes based on an allocation method of 50% demand and 50% energy with demand being allocated on non-shopping customers 5 coincidental peak (5 CP) basis and charged on kWh basis. The Reconciliation Rider will be trued up and the rate allocation will be updated annually. |
iii. | DP&L agrees to continue pursuing options to discharge its OVEC obligations. DP&L shall file an annual report no later than February 28 of each year during the Term of the ESP, outlining its |
b. | Decoupling Rider: DP&L will implement the Decoupling Rider to include the lost revenues currently recovered through the Energy Efficiency Rider as agreed to in the Stipulation filed in Case No. 16-649-EL-POR on December 13, 2016. All other matters relating to the Decoupling Rider, including but not limited to cost allocation, term and rate design, shall be addressed in the pending distribution case, Case No. 15-1830-EL-RDR or in DP&L's next Energy Efficiency Portfolio case. This Rider will be charged on a non-bypassable basis. |
c. | Transmission Cost Recovery Rider – Non-Bypassable (TCRR-N): DP&L's TCRR-N will be implemented as it is currently. In addition, DP&L agrees to deploy a small-scale pilot program providing an alternative means for customers to obtain and pay for services otherwise provided by or through the TCRR-N. More specifically, the purpose of this pilot program is to explore whether certain customers could benefit from opting out of DP&L's TCRR-N and obtaining, directly or indirectly through a certified CRES provider registered in DP&L's territory, all transmission and ancillary services through the Open Access Transmission Tariff and other PJM governing documents ("OATT") approved by the Federal Energy Regulatory Commission ("FERC"), in effect from time to time, as modified by FERC, and applicable to the zone in which the end |
d. | Regulatory Compliance Rider ("RCR"): DP&L will implement a nonbypassable RCR to recover the following five separate deferral balances: (1) Consumer Education Campaign costs; (2) Retail Settlement System costs; (3) Green Pricing Program costs; (4) Generation Separation costs; and (5) Bill Format Redesign costs. DP&L will recover carrying costs at DP&L's cost of debt on the Bill Format Redesign starting at the time those costs were incurred. Additionally, carrying costs at DP&L's cost of debt will be included at the onset of recovery of the RCR for the remaining RCR items except for Generation Separation costs. The Rider will be trued up annually. The cost allocation of the RCR to tariff classes will be based on base distribution revenues. The RCR rate design will be a monthly charge per customer account. The total dollars recovered through the RCR shall not exceed a total of $20 million over the ESP term including the remaining costs associated with the separation of the generation assets which is capped at $10 million as set forth in Case No. 13-2420-EL-UNC. DP&L may also recover costs associated with supplier consolidated billing provisions set forth in Section IX.1, through the RCR, provided that the amount recovered through the RCR does not exceed the aforementioned cap. |
e. | Storm Cost Recovery Rider: |
i. | The Storm Cost Recovery Rider ("SCRR") will remain in place as a placeholder tariff. DP&L will file a future application if it seeks any recovery of costs from major storms. This non‑bypassable rider will include Operating and Maintenance ("O&M") expenses incurred for all storms that are determined to be "Major Events," which is defined in O.A.C. 4901:1-10-01 as incidents that cause an electric utility’s "System Average Interruption Duration Index" ("SAIDI") to exceed the threshold outlined in section 4.5 of standard 1366-2003 as adopted in the "IEEE Guide for Electric Power Distribution Reliability Indices." No level of expenses for major storms will be in base rates, meaning that there will be no baseline for which an amount over would be considered. Therefore, all prudently-incurred expenses that are incremental to base rates would be considered for recovery. This would include, among other things, the amounts over the first forty hours of labor in a given week as well as overtime paid for union and management employees. If any mutual assistance revenue is received for storm repairs done in other markets, the straight-time labor portion of this would be deducted from the Company’s storm rider recovery request to avoid potential double-recovery. Any capital assets would be addressed through the Company’s Distribution Investment Rider once populated as proposed in the pending distribution rate case or the next base rate case. |
ii. | Carrying charges at the last approved cost of debt would be accrued from the point of deferral until recovery begins. Recovery would generally be over one year; however, if the deferred amount is large, the Company may request a longer recovery period to lessen the impact on rates. The Company will file yearly its SCRR by April 1 of each year and Staff will complete its audit with the Commission’s approval for rates to be effective around August 1 of each year. The cost allocation of the SCRR to tariff classes will be based on base distribution revenues and will be a monthly charge per customer account. |
iii. | If the pending distribution rate case (Case No. 15-1830-EL-AIR) is not approved, then any future recovery will be offset by the three-year average of major storm repair expenses (less any outlier storms) until a future case decides an amount, if any, to be considered in base rates. |
f. | Uncollectible Rider: As originally proposed in DP&L's distribution rate case (Case No. 15-1830-EL-AIR), DP&L will implement an Uncollectible Rider to recover the uncollectible expense through a non-bypassable, annually filed true-up rider with the exception that DP&L will recover uncollectible expense associated with bypassable standard service offer rates through a bypassable component of the Uncollectible Rider. This Rider will recover uncollectible expense that has historically been |
VII. | Cogeneration |
VIII. | Miscellaneous |
IX. | Competitive Retail Market Enhancements |
a. | The participating CRES providers will agree to comply with all bill requirement administrative code rules and work with Staff and DP&L on consumer safeguards, including Ohio Administrative Code Chapter 4901:1-21 (without waiver unless recommended by Staff). |
b. | Participating CRES providers agree to provide Staff and DP&L any and all information related to the pilot. |
c. | DP&L and participating CRES providers will meet to determine a methodology to govern implementation, including, but not limited to, the method of transfer and payment to the DP&L of customer charges, as well as credit and collection procedures and purchase of receivables at 100%, without recourse. Staff will be invited to participate in the meetings. |
d. | The methodology to govern the pilot shall be established no later than twelve months from a final Commission order approving a Stipulation in these proceedings. |
e. | Due to the nature of a pilot program, the supplier consolidated billing pilot will be limited to 2,500 customers per CRES provider for the first six months of active implementation: |
i. | Based upon biannual review and approval by Staff, DP&L, and participating CRES providers, the customer participation cap shall be incrementally increased by 2,500 customers each six months not to exceed 10,000 customers for any individual CRES provider then |
ii. | Existing customers may remain on the supplier consolidated billing program upon completion of the two-year term of the pilot until otherwise ordered by the Commission. |
iii. | RESA and/or participating CRES providers retain the right to petition the Commission to expand the pilot caps or terms pending Commission consideration of future consolidated billing orders. |
f. | Costs related to DP&L's implementation of the pilot supplier consolidated billing program will be shared 50 percent by participating CRES providers, and DP&L will develop and provide all interested CRES providers with an estimate of the total implementation costs, with the exception that DP&L will provide a credit of $150,000.00 toward the CRES provider portion of these costs. That credit shall be funded by DP&L through shareholder dollars and be implemented through a one- |
g. | During the pilot development and methodology implementation phase, DP&L will work with participating CRES providers and Staff to determine the appropriate implementation timeline in which participating CRES |
h. | Participating CRES providers shall not prohibit a customer from returning to DP&L for consolidated billing. |
i. | Participating CRES providers shall not charge a late payment fee greater than DP&L's tariffed late payment fee. |
j. | By the conclusion of the two-year pilot program, Staff may file a report on the program that may include recommendations on the program, which may include expansion or retirement. |
k. | Any participating CRES provider's competitively sensitive information acquired by DP&L and Staff under the pilot supplier consolidated billing program shall be afforded the appropriate confidential treatment. |
i. | Sheet G8, page 6 ¶2.1 first paragraph, retain the existing 30-calendar day time for approving a supplier's registration: "The Company shall approve or disapprove the supplier's registration within thirty (30) calendar days of receipt of complete registration information from the supplier. The thirty (30) day time period may be extended for up to thirty (30) days for good cause shown, or |
ii. | Sheet G8, page 21 ¶9.2, existing language should be modified to recognize that CRES Providers may be required to disclose customer-specific information by the Public Utilities Commission of Ohio or a court: "* * * The AGS shall keep all Customer-specific information supplied by the Company confidential unless the AGS has the Customer's authorization to do otherwise or unless permitted to be disclosed per Ohio Administrative Code Rule 4901:1-21-10." |
iii. | Sheet G8, page 25 ¶12.1(c), modify existing language to not require CRES Providers to pay amounts in bona fide dispute: "In the event of a dispute as to the amount of any bill, the AGS will notify the Company of the amount in dispute and the AGS will pay to the Company the total bill including the disputed amount not in bona fide dispute." |
iv. | Sheet G8, page 26 ¶12.2, modify existing language to recognize that not paying amounts in bona fide dispute will cause the AGS to be deemed delinquent: "In the event the AGS fails to make payment to the Company of all amounts not in bona fide dispute on or before the due date as described above, and such failure of |
X. | Individual Signatory Parties |
a. | On or before January 1, 2018, DP&L will explore a joint partnership with the City of Dayton and the University of Dayton's Hanley Sustainability Institute for a program supporting mutual goals for all three of the organizations. |
b. | DP&L will provide $50,000 annually (no more than five payments total) for residential energy education and reduction programs in the City of Dayton. During the first year, this $50,000 annual spending shall be funded by shareholders. This $50,000 in annual spending thereafter will be proposed for recovery through subsequent Energy Efficiency Portfolio filings. In the event that the Commission determines that these program costs do not qualify for recovery in the Energy Efficiency Rider, or if the Energy Efficiency Rider no longer exists, the $50,000 in annual funding will be funded by shareholders. |
c. | DP&L will participate in the Property Assessed Clean Energy ("PACE") program in partnership with the Montgomery County Port Authority, for qualifying projects in the City of Dayton. DP&L will contribute $100,000 annually (no more than five payments total) to a fund to be used to pay up to 50% of a property owner's escrowed reserve requirement. DP&L will also contribute $50,000 annually (no more than five payments total) to a revolving loan fund to support energy upgrades for small and micro businesses within the City that are not eligible for PACE funding. During the first year, this $150,000 in annual spending shall be funded by shareholders. This $150,000 in annual spending will thereafter be proposed for recovery through subsequent Energy Efficiency Portfolio filings. In the event the Commission determines that these program costs do not qualify for recovery in the Energy Efficiency Rider, or if the Energy Efficiency Rider no longer exists, the $150,000 in annual funding will be funded by shareholders. DP&L will provide funding for those programs for 2017 within 30 days of the Commission's approval or modification of the ESP. DP&L will provide the funding for each subsequent year of the ESP by no later than January 15th of each calendar year. |
d. | DP&L will provide and install all necessary equipment on the DP&L side of the meter to support system safety and reliable service at the Dayton International Airport. Among other things, DP&L will install three-phase |
e. | All City of Dayton accounts existing at the time of execution of this Stipulation will be exempt from paying any redundant service charges, including the Redundant Service Rider or equivalent rider, which seek to recover the costs of providing standby or backup service. |
f. | AES agrees to maintain DP&L's operating headquarters in the City of Dayton, Ohio. DP&L agrees to discuss with the City of Dayton any plans to move DP&L’s operating headquarters from MacGregor Park to an alternate location within the City of Dayton, at least ninety (90) days before any move is to occur. If DP&L's operating headquarters are moved out of the MacGregor Park facility to an alternate location within the City |
i. | If DP&L receives a bona fide offer to purchase the MacGregor Park property, and such offer contains a written commitment that the use for the MacGregor Park property by the bona fide offeror falls within the definition of a Business Park as codified in the City of Dayton Zoning Code, or should the City of Dayton otherwise acknowledge in writing that DP&L has a planned use for the MacGregor Park property that satisfies the City of Dayton's reasonable expectations and requirements regarding land use, planning and development, at the City of Dayton's sole discretion, then the City of Dayton's option for the MacGregor Park property shall immediately expire and the requirements of paragraph ii. below shall no longer apply and shall be deemed void. Under such circumstances, DP&L shall provide the City of Dayton written notice of the bona fide offer and a complete description of the details of such planned use in order to allow the City of Dayton to certify that such use satisfies the Zoning Code requirements and/or the City of Dayton's reasonable expectations and requirements at the City of Dayton's sole discretion. The City of Dayton shall |
ii. | If DP&L receives a bona fide offer to purchase the MacGregor Park property that DP&L chooses to accept and such bona fide offer does not satisfy the requirements of paragraph (i), then DP&L shall within fifteen (15) days after it receives the offer give to the City Manager of Dayton written notice that shall identify for the City Manager the amount of the bona fide offer and set an option price for the City of Dayton in an amount not to exceed one hundred five percent (105%) of such bona fide offer ("City Option Price"). The City of Dayton must notify DP&L in writing within thirty (30) calendar days of the date DP&L gives written notice to the City of Dayton of its decision to acquire the MacGregor Park property for the City Option Price, or else the option expires without further notice. If within thirty (30) calendar days of the date DP&L gives written notice to the City of Dayton and the City of Dayton provides written notice that it will exercise its option to purchase the MacGregor Park property at the City Option Price, |
g. | DP&L agrees to work with the City of Dayton to develop a job training program targeted at Dayton residents. The parties agree to work cooperatively to establish the terms of that program. |
h. | DP&L agrees to provide special hiring outreach for City of Dayton residents. The outreach will include DP&L hosting an annual job fair for City of Dayton residents detailing both current job opportunities and recommended educational pathways. DP&L will take reasonable measures to provide advance notice to the City of Dayton of upcoming DP&L job postings. DP&L will also make reasonable efforts to identify and recruit City of Dayton residents who graduate from Sinclair Community College to fill open job positions for which they are qualified. |
i. | DP&L will contribute $200,000 annually (no more than five payments total) to assist the City of Dayton in providing economic development programs and providing essential city services to residents, including low-income residents. These funds shall not be recoverable from customers. DP&L will provide the funding for those programs for 2017 within 30 days of the Commission's approval or modification of the ESP, subject to the provisions set forth in Section XI.5. DP&L will provide the funding |
a. | DP&L shall contribute $565,000 of shareholder dollars annually to benefit electric consumers at or below 200% of the federal poverty line or customers at risk of losing electric service. This amount includes $115,000 for DP&L's Gift of Power program and $450,000 for the Community Action Partnership. |
a. | DP&L agrees that Honda may avail itself of either the Automaker Incentive under Section IV.1.a.ii. or the Ohio Business Incentive under Section IV.1.a.iii. |
b. | DP&L agrees to Honda's current energy efficiency opt-out status for the term of the ESP. If Honda elects to opt-out under the provisions in ORC 4928.6611, no costs associated with any energy efficiency assistance that DP&L may provide to Honda shall be recovered through DP&L’s energy efficiency rider. |
c. | DP&L will conduct meetings with Honda suppliers no less frequently than annually to discuss bill components, to sign up for an energy audit, and a discussion on energy star, conservation and demand response. |
d. | DP&L and Honda will work together to develop and automate Energy Star bench marking for Honda suppliers in DP&L’s service territory. |
e. | DP&L will conduct a meeting of customers and other interested parties no less frequently than annually to discuss investment in advanced/smart grid infrastructure and renewable infrastructure. The customer group may provide recommendations to DP&L to set priorities, investment amounts and timing of any construction. If DP&L follows the recommendations developed in cooperation with this working group then members of the group will support DP&L with a Stipulation if any filing required by this investment is opposed. |
a. | In a manner that is consistent with DP&L's existing EE/PDR plan, DP&L will work with the Ohio Hospital Association ("OHA") on an annual energy efficiency program targeted at OHA members in the DP&L territory. OHA agrees to hold the funds as may be necessary from year to year in order to accomplish the listed purposes. The intent will be to partner with OHA to encourage and increase OHA members' participation in cost effective energy efficiency measures at the facilities. |
i. | DP&L will provide OHA $200,000 per year to promote and obtain significant energy/demand savings among OHA members through efforts including Energy Star benchmarking, hospital energy |
ii. | DP&L and OHA will work together to develop and automate Energy Star benchmarking for OHA members in DP&L’s service territory. |
iii. | DP&L will eliminate any charges associated with the Alternate Feed Charge that currently are being charged to certain OHA members, and it will exempt OHA members from paying that charge as requested in DP&L's pending Distribution Rate Case. |
a. | The Company will provide People Working Cooperatively, Inc. ("PWC") $200,000 annually to fund PWC’s programs which assist DP&L’s low-income, elderly, and disabled customers. During the first year, the $200,000 in funding for PWC shall be funded by shareholders. During the remaining years, the $200,000 in funding shall be proposed for recovery through subsequent Energy Efficiency Portfolio filings. In the event the Commission determines that the $200,000 for PWC does not qualify for recovery in the Energy Efficiency Rider, or if the Energy Efficiency Rider no longer exists, the $200,000 will be funded by shareholders. The Parties agree that the funding described in this paragraph of the Stipulation is separate from the $200,000 the Company agreed to provide PWC to fund its pilot program in Case No. 16-649-EL-POR, and also agree that this paragraph shall not be cited as precedent regarding any future funding for PWC’s pilot program or any other potential funding for PWC. |
XI. | Other Provisions |
THE DAYTON POWER AND LIGHT COMPANY By: ___________________________ Jeffrey S. Sharkey | DPL INC. By: ___________________________ Jeffrey S. Sharkey | |
STAFF OF THE PUBLIC UTILITIES COMMISSION OF OHIO By:___________________________ Thomas McNamee | CITY OF DAYTON, OHIO By:___________________________ N. Trevor Alexander |
RETAIL ENERGY SUPPLY ASSOCIATION By:___________________________ Michael J. Settineri(12) | EDGEMONT NEIGHBORHOOD COALITION By:____________________________ Ellis Jacobs | |
INTERSTATE GAS SUPPLY, INC./IGS ENERGY By:__________________________ Joseph Oliker | PEOPLE WORKING COOPERATIVELY, INC. By:__________________________ Devin D. Parram | |
OHIO HOSPITAL ASSOCIATION By:___________________________ Richard L. Sites | OHIO ENERGY GROUP By:___________________________ Michael L. Kurtz | |
OHIO PARTNERS FOR AFFORDABLE ENERGY By:___________________________ Colleen Mooney | THE KROGER COMPANY By:___________________________ Angela Paul Whitfield |
ENERNOC, INC. By:___________________________ Joel E. Sechler | HONDA OF AMERICA, MFG., INC. By:___________________________ N. Trevor Alexander | |
INDUSTRIAL ENERGY USERS-OHIO By:___________________________ Frank P. Darr | OHIO MANUFACTURERS' ASSOCIATION ENERGY GROUP By:___________________________ Kimberly W. Bojko |
Thomas McNamee Natalia Messenger Public Utilities Commission of Ohio 30 East Broad Street, 16th Floor Columbus, OH 43215-3793 Email: thomas.mcnamee@ohioattorneygeneral.gov natalia.messenger@ohioattorneygeneral.gov Attorneys for PUCO Staff | Frank P. Darr (Counsel of Record) Matthew R. Pritchard McNees Wallace & Nurick 21 East State Street, 17th Floor Columbus, OH 43215 Email: fdarr@mwncmh.com mpritchard@mwncmh.com Attorneys for Industrial Energy Users – Ohio |
William J. Michael (Counsel of Record) Andrew S. Garver Kevin F. Moore Ajay Kumar Office of the Ohio Consumers' Counsel 10 West Broad Street, Suite 1800 Columbus, OH 43215-3485 Email: william.michael@occ.ohio.gov andrew.garver@occ.ohio.gov kevin.moore@occ.ohio.gov ajay.kumar@occ.ohio.gov Attorneys for the Ohio Consumers' Counsel | David F. Boehm Michael L. Kurtz Kurt J. Boehm Jody Kyler Cohn Boehm, Kurtz & Lowry 36 East Seventh Street, Suite 1510 Cincinnati, OH 45202 Email: dboehm@BKLlawfirm.com mkurtz@BKLlawfirm.com kboehm@BKLlawfirm.com jkylercohn@BKLlawfirm.com Attorneys for The Ohio Energy Group |
Kimberly W. Bojko James D. Perko, Jr. Carpenter Lipps & Leland LLP 280 North High Street, Suite 1300 Columbus, OH 43215 Email: bojko@carpenterlipps.com perko@carpenterlipps.com Attorneys for The Ohio Manufacturers' Association Energy Group | Joseph Oliker (Counsel of Record) Matthew White Evan Betterton IGS Energy 6100 Emerald Parkway Dublin, OH 43016 Email: joliker@igsenergy.com mswhite@igsenergy.com Ebetterton@igsenergy.com Attorney for IGS Energy |
Kevin R. Schmidt 88 East Broad Street, Suite 1770 Columbus, OH 43215 Email: schmidt@sppgrp.com Attorney for The Energy Professionals of Ohio | Evelyn R. Robinson 2750 Monroe Boulevard Audubon, PA 19403 Email: evelyn.robinson@pjm.com Attorney for PJM Interconnection, L.L.C. | ||
Jeffrey W. Mayes Monitoring Analytics, LLC 2621 Van Buren Avenue, Suite 160 Valley Forge Corporate Center Eagleville, PA 19403 Email: jeffrey.mayes@monitoringanalytics.com Attorneys for Monitoring Analytics, LLC as The Independent Market Monitor for PJM | Joel E. Sechler (Counsel of Record) Carpenter Lipps & Leland 280 N. High St., Suite 1300 Columbus, OH 43215 Email: sechler@carpenterlipps.com Gregory J. Poulos EnerNOC, Inc. P.O. Box 29492 Columbus, OH 43229 Email: gpoulos@enernoc.com Attorneys for EnerNOC, Inc. | ||
Trent Dougherty 1145 Chesapeake Ave., Suite 1 Columbus, OH 43212-3449 Email: tdougherty@the OEC.org Attorney for Ohio Environmental Council | Angela Paul Whitfield Carpenter Lipps & Leland LLP 280 Plaza, Suite 1300 280 North High Street Columbus, OH 43215 Email: paul@carpenterlipps.com Attorney for The Kroger Co. | ||
Miranda Leppla Ohio Environmental Council 1145 Chesapeake Ave., Suite 1 Columbus, OH 43212-3449 Email: mleppla@the OEC.org Attorney for the Environmental Defense Fund | Colleen Mooney Ohio Partners for Affordable Energy 231 West Lima Street P.O. Box 1793 Findlay, OH 45839-1793 Email: cmooney@ohiopartners.org Attorney for Ohio Partners for Affordable Energy | ||
Michael D. Dortch Richard R. Parsons Kravitz, Brown & Dortch, LLC 65 East State Street, Suite 200 Columbus, OH 43215 Email: mdortch@kravitzllc.com rparsons@kravitzllc.com Attorneys for Calpine Energy Solutions LLC | Madeline Fleisher Kristin Field Environmental Law & Policy Center 21 West Broad Street, Suite 500 Columbus, OH 43215 Email: mfleisher@elpc.org kfield@elpc.org Attorneys for The Environmental Law & Policy Center |
Richard C. Sahli Richard C. Sahli Law Office, LLC 981 Pinewood Lane Columbus, OH 43230-3662 Email: rsahli@columbus.rr.com Christopher M. Bzdok (pro hac vice) Olson Bzdok & Howard, P.C. 420 East Front Street Traverse City, MI 49686 chris@envlaw.com Tony G. Mendoza, Staff Attorney (pro hac vice) Kristin Henry, Senior Staff Attorney (pro hac vice) Sierra Club Environmental Law Program 2101 Webster Street, 13th Floor Oakland, CA 94612 Email: tony.mendoza@sierraclub.org kristin.henry@sierraclub.org Attorneys for Sierra Club Michelle Grant Dynegy Inc. 601 Travis Street, Suite 1400 Houston, TX 77002 Email: michelle.d.grant@dynegy.com Attorneys for Dynegy Inc. | Lisa M. Hawrot Spilman Thomas & Battle, PLLC Century Centre Building 1233 Main Street, Suite 4000 Wheeling, WV 26003 Email: lhawrot@spilmanlaw.com Derrick Price Williamson Spilman Thomas & Battle, PLLC 1100 Bent Creek Blvd., Suite 101 Mechanicsburg, PA 17050 Email: dwilliamson@spilmanlaw.com Carrie M. Harris Spilman Thomas & Battle, PLLC 310 First Street, Suite 1100 P.O. Box 90 Roanoke, VA 24002-0090 Email: charris@spilmanlaw.com Steve W. Chriss Senior Manager, Energy Regulatory Analysis Greg Tillman Senior Manager, Energy Regulatory Analysis Wal-Mart Stores, Inc. 2001 SE 10th Street Bentonville, AR 72716-0550 Email: Stephen.Chriss@walmart.com Greg.Tillman@walmart.com Attorneys for Wal-Mart Stores East, LP and Sam's East, Inc. |
Michael J. Settineri Stephen M. Howard Gretchen L. Petrucci Ilya Batikov William A. Sieck Vorys, Sater, Seymour and Pease LLP 52 E. Gay Street Columbus, OH 43215 Email: mjsettineri@vorys.com smhoward@vorys.com glpetrucci@vorys.com ibatikov@vorys.com wasieck@vorys.com Attorneys for Dynegy Inc., PJM Power Providers Group, and Retail Energy Supply Association Glen Thomas 1060 First Avenue, Suite 400 King of Prussia, PA 19406 Email: gthomas@gtpowergroup.com Sharon Theodore Electric Power Supply Association 1401 New York Ave. NW 11th Floor Washington, DC Email: stheodore@epsa.org | Steven D. Lesser James F. Lang N. Trevor Alexander Mark T. Keaney Calfee, Halter & Griswold LLP 41 South High Street 1200 Huntington Center Columbus, OH 43215 Email: slesser@calfee.com jlang@calfee.com talexander@calfee.com mkeaney@calfee.com Attorneys for The City of Dayton and Honda of America Mfg., Inc. John R. Doll Matthew T. Crawford Doll, Jansen & Ford 111 West First Street, Suite 1100 Dayton, OH 45402-1156 Email: jdoll@djflawfirm.com mcrawford@djflawfirm.com Attorneys for Utility Workers of America Local 175 |
Laura Chappelle 201 North Washington Square, Suite 910 Lansing, MI 48933 Email: laurac@chappelleconsulting.net Attorneys for PJM Power Providers Group Ellis Jacobs Advocates for Basic Legal Equality, Inc. 130 West Second Street, Suite 700 East Dayton, OH 45402 Email: ejacobs@ablelaw.org Attorney for Edgemont Neighborhood Coalition | Richard L. Sites Ohio Hospital Association 155 East Broad Street, 3rd Floor Columbus, OH 43215-3620 Email: rick.sites@ohiohospitals.org Matthew W. Warnock Dylan F. Borchers Bricker & Eckler LLP 100 South Third Street Columbus, OH 43215-4291 Email: mwarnock@bricker.com dborchers@bricker.com Attorneys for The Ohio Hospital Association |
Amy B. Spiller Jeanne W. Kingery Elizabeth H. Watts Duke-Energy Ohio, Inc. 139 East Fourth Street 1303-Main Cincinnati, OH 45202 Email: amy.spiller@duke-energy.com jeanne.kingery@duke-energy.com elizabeth.watts@duke-energy.com Attorneys for Duke-Energy Ohio, Inc. Carl Tamm, President Classic Connectors, Inc.382 Park Avenue East Mansfield, OH 44905 Email: crtamm@classicconnectors.com | Terrence N. O'Donnell Raymond D. Seiler Christine M.T. Pirik William V. Vorys Dickinson Wright PLLC 150 East Gay Street, Suite 2400 Columbus, OH 43215 Email: todonnell@dickinsonwright.com rseiler@dickinsonwright.com cpirik@dickinsonwright.com wvorys@dickinsonwright.com Attorneys for Mid-Atlantic Renewable Energy Coalition |
John F. Stock Orla E. Collier Benesch, Friedlander, Coplan & Aronoff LLP 41 South High Street, 26th Floor Columbus, OH 43215 Email: jstock@beneschlaw.com ocollier@beneschlaw.com Attorneys for Murray Energy Corporation and Citizens to Protect DP&L Jobs | C. David Kelley, Prosecutor Dana N. Whalen 110 West Main Street West Union, OH 45693 Email: prosecutorkelley@usa.com dana.whalen@adamscountyoh.gov Attorneys for Adams County, Ohio, Monroe Township, Ohio, Sprigg Township, Manchester Local School District, and Adams County Ohio Valley School District |
Devin D. Parram Bricker & Eckler LLP 100 South Third Street Columbus, OH 43215-4291 Email: dparram@bricker.com Attorney for People Working Cooperatively, Inc. |