-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, OmAsxW0Y8rz60DBe3QxhPEOUZvGsYrFVYUkQxD3XFSKi4Wd8mT7nmddWua/RdKrt WvS5mSRbMoLMLLOjq19+KA== 0001104659-09-040091.txt : 20090625 0001104659-09-040091.hdr.sgml : 20090625 20090625164529 ACCESSION NUMBER: 0001104659-09-040091 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20090624 ITEM INFORMATION: Other Events ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20090625 DATE AS OF CHANGE: 20090625 FILER: COMPANY DATA: COMPANY CONFORMED NAME: DPL INC CENTRAL INDEX KEY: 0000787250 STANDARD INDUSTRIAL CLASSIFICATION: ELECTRIC & OTHER SERVICES COMBINED [4931] IRS NUMBER: 311163136 STATE OF INCORPORATION: OH FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-09052 FILM NUMBER: 09910161 BUSINESS ADDRESS: STREET 1: 1065 WOODMAN DRIVE CITY: DAYTON STATE: OH ZIP: 45432 BUSINESS PHONE: 937 259 7142 MAIL ADDRESS: STREET 1: 1065 WOODMAN DRIVE CITY: DAYTON STATE: OH ZIP: 45432 8-K 1 a09-17029_18k.htm CURRENT REPORT OF MATERIAL EVENTS OR CORPORATE CHANGES

 

 

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

WASHINGTON, DC 20549

 

FORM 8-K

 

CURRENT REPORT

Pursuant to Section 13 or 15(d) of the

Securities Exchange Act of 1934

 

Date of report (Date of earliest event reported):   June 24, 2009

 

DPL Inc.

(Exact Name of Registrant as Specified in Its Charter)

 

Ohio

 

1-9052

 

31-1163136

(State or Other Jurisdiction of Incorporation)

 

(Commission File Number)

 

(IRS Employer Identification No.)

 

 

 

 

 

1065 Woodman Drive, Dayton, Ohio

 

45432

(Address of Principal Executive Offices)

 

(Zip Code)

 

Registrant’s telephone number, including area code:  (937) 224-6000

 

 

(Former Name or Former Address, if Changed Since Last Report)

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):

 

o    Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

o    Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

o    Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

o    Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

 

 



 

Item 8.01               Other Events.

 

On June 24, 2009, DPL Inc. (the “Company”) issued a press release announcing that the Public Utilities Commission of Ohio (“PUCO”) approved the settlement agreement that the Company’s principal subsidiary, The Dayton Power and Light Company (“DP&L”), entered into in February 2009 with the staff of the PUCO, the Office of the Ohio Consumers’ Council and other intervening parties on DP&L’s electric security plan.  A copy of the press release is furnished as Exhibit 99.1 to this Current Report on Form 8-K.

 

Item 9.01               Financial Statements and Exhibits.

 

(d)           Exhibits.

 

99.1                 Press Release of DPL Inc., dated June 24, 2009.

 

2



 

Signature

 

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

 

 

 

DPL Inc.

 

 

 Date:  June 25, 2009

 

 

 

 

/s/ Douglas C. Taylor

 

Name:

Douglas C. Taylor

 

Title:

Senior Vice President, General
Counsel and Corporate Development

 

3



 

EXHIBIT INDEX

 

Exhibit No.

 

Description

 

Paper (P) or
Electronic (E)

 

 

 

 

 

99.1

 

Press Release of DPL Inc., dated June 24, 2009.

 

E

 

4


EX-99.1 2 a09-17029_1ex99d1.htm EX-99.1

Exhibit 99.1

 

FOR IMMEDIATE RELEASE

 

PUCO Approves DPL Settlement Agreement on Electric Security Plan

 

DAYTON, Ohio, June 24, 2009 — DPL Inc (NYSE: DPL) announced today that the Public Utilities Commission of Ohio (PUCO) approved the settlement agreement that its principal subsidiary, the Dayton Power and Light Company (DP&L), entered into in February 2009 with the staff of the PUCO, the Office of the Ohio Consumers’ Counsel and other intervening parties on its electric security plan (ESP).

 

The ESP was filed in October 2008 as required by Ohio Amended Substitute Senate Bill No.221 (SB 221).  The approved ESP settlement agreement establishes rates through 2012.

 

“We are pleased that the PUCO has formally approved our ESP agreement as developed and supported by a diverse group of customer representatives,” said Paul Barbas, DPL president and chief executive officer.

 

Under the terms of the settlement, DP&L will freeze base distribution and generation rates through 2012, with limited exceptions including changes in regulatory and tax laws; storm damage costs; costs associated with any new climate change laws or regulations; and certain regional transmission organization related costs.

 

In addition, DP&L will implement a fuel recovery mechanism beginning in 2010 which will track and adjust fuel costs on a quarterly basis.

 

As the result of the ESP settlement, and previously approved environmental cost recovery, DP&L residential customers with an average use of 750 kWh per month, will experience an approximate 1.8% increase in 2009, 2.7% increase in 2010, a slight decrease in 2011, and less than a 1% increase in 2012, excluding any impact of the fuel cost recovery rider.

 

DP&L will also file an amended, advanced metering infrastructure and smart grid plan by September of this year. The plan will modernize and strengthen the reliability of the delivery system and assist the company in meeting the energy efficiency targets in SB 221.

 

Signatory parties to the settlement agreement include:

 

The Staff of the Public Utilities Commission of Ohio

Office of the Ohio Consumers’ Counsel

Industrial Energy Users — Ohio

Ohio Partners for Affordable Energy

The Edgemont Neighborhood Coalition

The Ohio Environmental Council

Dominion Retail, Inc.

The Kroger Company

Ohio Manufacturers’ Association

The Ohio Hospital Association

City of Dayton

Sierra Club

Constellation NewEnergy, Inc.

Honda of America MFG. Inc.

 

About DPL

 

DPL Inc. (NYSE:DPL) is a regional energy company.  DPL was named one of Forbes’ “100 Most Trustworthy Companies” in 2009.

 



 

DPL’s principal subsidiaries include The Dayton Power and Light Company (DP&L); DPL Energy, LLC (DPLE); and DPL Energy Resources, Inc. (DPLER).  DP&L, a regulated electric utility, provides service to over 514,000 retail customers in West Central Ohio; DPLE engages in the operation of merchant peaking generation facilities; and DPLER is a competitive retail electric supplier in Ohio, selling to major industrial and commercial customers. DPL, through its subsidiaries, owns and operates approximately 3,700 megawatts of generation capacity, of which 2,800 megawatts are low cost coal-fired units and 900 megawatts are natural gas and diesel peaking units.  Further information can be found at www.dpandl.com.

 

Certain statements contained in this press release are “forward-looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995. Matters discussed in this press release that relate to events or developments that are expected to occur in the future, including management’s expectations, strategic objectives, business prospects, anticipated economic performance and financial condition and other similar matters constitute forward-looking statements. Forward-looking statements are based on management’s beliefs, assumptions and expectations of future economic performance, taking into account the information currently available to management. These statements are not statements of historical fact and are typically identified by terms and phrases such as “anticipate,” “believe,” “intend,” “estimate,” “expect,” “continue,” “should,” “could,” “may,” “plan,” “project,” “predict,” “will,” and similar expressions. Such forward-looking statements are subject to risks and uncertainties, and investors are cautioned that outcomes and results may vary materially from those projected due to various factors beyond our control, including but not limited to: abnormal or severe weather and catastrophic weather-related damage; unusual maintenance or repair requirements; changes in fuel costs and purchased power, coal, environmental emissions, natural gas, oil, and other commodity prices; volatility and changes in markets for electricity and other energy-related commodities; performance of our suppliers and other counterparties; increased competition and deregulation in the electric utility industry; increased competition in the retail generation market; changes in interest rates; state, federal and foreign legislative and regulatory initiatives that affect cost and investment recovery, emission levels and regulations, rate structures or tax laws; changes in federal and/or state environmental laws and regulations to which DPL and its subsidiaries are subject; the development and operation of Regional Transmission Organizations (RTOs), including PJM Interconnection, L.L.C. (PJM) to which DPL’s operating subsidiary (DP&L) has given control of its transmission functions; changes in our purchasing processes, pricing, delays, employee, contractor, and supplier performance and availability; significant delays associated with large construction projects; growth in our service territory and changes in demand and demographic patterns; changes in accounting rules and the effect of accounting pronouncements issued periodically by accounting standard-setting bodies; financial market conditions; the outcomes of litigation and regulatory investigations, proceedings or inquiries; general economic conditions; and the risks and other factors discussed in DPL’s and DP&L’s filings with the Securities and Exchange Commission.

 

Forward-looking statements speak only as of the date of the document in which they are made. We disclaim any obligation or undertaking to provide any updates or revisions to any forward-looking statement to reflect any change in our expectations or any change in events, conditions or circumstances on which the forward-looking statement is based.

 

The information contained herein is submitted for general information and not in connection with any sale or offer for sale of, or solicitation of any offer to buy, any securities.

 

News Media Contact:

DPL Media Line:  (937) 224-5940

e-mail:  CorporateCommunications@dplinc.com

 


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