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Case Record For:

02-2364-EL-CSS

Case Title: OCC/INDUSTRIAL ENERGY USERS OF OHIO and AMERICAN MUNICIPAL POWER OF OHIO, INC vs DAYTON POWER & LIGHT COMPANY
Status: CL-CLOSED
Industry Code: EL-ELECTRIC
Purpose Code: CSS-Complaint on service or safety
Date Opened: 9/12/2002
Date Closed: 4/20/2018
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Date FiledSummaryPages
04/20/2018Case action form closing case(s) out effective 04/20/2018 - electronically filed by Sandra Coffey on behalf of Megan Addison, Attorney Examiner, Public Utilities Commission of Ohio.2
04/20/2018Case action form closing case(s) effective 04/20/2018 - electronically filed by Sandra Coffey on behalf of Megan Addison, Attorney Examiner, Public Utilities Commission of Ohio.2
10/01/2004Notice of withdrawal of counsel, Bruce Weston for Green Mountain Energy Company by E. Robinson.2
02/04/2004Entry ordering that 02-0570-EL-ATA be closed of record and 03-2364-GA-CSS be dismissed and closed of record.3
02/04/2004Service Notice4
01/13/2004Notice of withdrawal of complaint, notice of withdrawal of application for rehearing and memorandum in support, filed on behalf of Ohio Consumers' Counsel by J. Small.6
01/06/2004Notice of withdrawal of complaint and memorandum in support, filed on behalf of IEU-Ohio by L. McAlister.6
10/22/2003Entry denying the applications for rehearing filed by CAP and OPAE, OCC, Green Mountain, and Constellation and Strategic; that the request for leave to file an application for rehearing be denied.11
10/22/2003Service Notice4
10/14/2003Memorandum in opposition to the applications for rehearing by Constellation NewEnergy Inc, Strategic Energy,LLC, Green Mountain Energy and the Educational Purchasing Council filed on behalf of The DP&L Co. by C. Faruki.51
10/14/2003Memorandum Contra to applications for rehearing by Green Mountain Energy; Constellation New Energy; and Strategic Energy and the Education Purchasing Council and request for leave to file application for rehearing by the Educational Purchasing Council filed on behalf of OCC by J. Small.11
10/14/2003Memorandum Contra filed for the applications for rehearing filed by OCC and jointly by CAP/OPAE filed on behalf of Green Mountain Energy by E. Robinson.13
10/10/2003Memorandum Contra and application for rehearing of Green Mountain Energy, Constellation NewEnergy, and Strategic Energy filed on behalf of Industrial Energy Users-Ohio by S. Randazzo.7
10/02/2003Application for rehearing filed on behalf of Green Mountain Energy Company by E. Robinson.37
10/02/2003Application for rehearing and memorandum in support filed on behalf of Constellation NewEnergy, Inc., by J. Airey and Strategic Energy, LLC, by S. Howard.16
10/02/2003Application for rehearing, request for leave to file application for rehearing and memorandum in support filed on behalf Educational Purchasing Council by W. Newcomb.15
10/02/2003Application for rehearing filed on behalf of The Ohio Consumer' Counsel by J. Small.11
10/02/2003Application for rehearing of the Community Action Partnership of the Greater Dayton area (fka Scope) and Ohio Partners for Affordable Energy by E. Jacobs and D. Rinebolt.11
09/11/2003Entry Nunc Pro Tunc ordering that the Opinion & Order of September 2, 2003, is amended, nunc pro tunc, to provide for the revised sentence as set forth in this entry.2
09/11/2003Service Notice.4
09/11/2003Service Notice.4
09/03/2003Service notice filed.4
09/02/2003Opinion & Order that the denial of the motion to intervene by Green Mountain be reversed; that the intervention of Green Mountain in the MDP case, the accounting case and RTO case, and the intervention of WPS in the MDP case, be granted, on the terms set forth herein; that the denial of the motion to compel discovery, filed by Strategic, Constellation and Dominion be affirmed; that the stipulation filed on May 28, 2003, is approved, to the extent and subject to the modifications and conditions set forth in this order; that DP&L file tariffs for Commission approval that reflect the terms of the stipulation as modified by this order within 75 days.31
08/04/2003Notice of withdrawal of counsel on behalf of DP&L by A. Vinolus.6
07/16/2003Reply brief of Ohio Partners for Affordable Energy by D. Rinebolt and Community Action Partnership of the Greater Dayton Area by E. Jacobs.8
07/15/2003Reply hearing brief, filed on behalf of The Dayton Power and Light Company by A. Vinous and C. Faruki.40
07/15/2003Reply brief, filed on behalf of Green Mountain Energy Company Amicus Curiae by E. Robinson and B. Weston.17
07/15/2003Reply brief filed on behalf of the staff of the PUCO by W. Wright.24
07/15/2003Reply brief filed on behalf of Constellation NewEnergy by W. Airey; Dominion Retail by G. Jeffries; Strategic Energy LLC by S. Howard; WPS Energy Services by I. Henderson and G. Russell; and Energy America by J. Migden. 22
07/15/2003Post hearing brief filed on behalf of The Ohio Consumers Counsel by J. Small.19
07/15/2003Reply brief filed on behalf of Industrial Energy Users-Ohio by S. Randazzo.32
07/15/2003Reply comments filed on behalf of the Ohio Manufactures' Association by J. Sanders.8
07/09/2003Letter to the PUCO on behalf of The Dayton Power and Light Company, filed by P. Horstman.8
07/09/2003Memorandum of the Dayton Power and Light Company in opposition to motion of intervenors Strategic Energy, L.L.C. Constellation NewEnergy, Inc., and Dominion Retail, Inc. for leave to file a reply to the memorandum of The Dayton Power and Light Company and the Industrial Energy Users-Ohio opposing intervenors' application for review and approval of interlocutory appeal filed by A. Vinolus.6
07/09/2003Letter to Commission staff relative to the opposition to both the Marketers' out of rule filings and their efforts to delay the above captioned proceedings, filed on behalf of OCC by L. Sauer.2
07/08/2003Entry ordering that the due date for the filing of reply briefs be postponed until Tuesday, July 15, 2003. (JK)4
07/08/2003Memorandum of the Dayton Power and Light Company in opposition to motion of intervenors strategic Energy, LLC, Constellation NewEnergy, Inc., and Dominion Retail, Inc. for Leave to file a reply to the memorandum of the Dayton Power and Light Company and the Industrial Energy Users-Ohio opposing intervenors' application for review and approval of interlocutory appeal, filed by A. Vinolus and P. Horstman. (FAX)6
07/08/2003Service notice.4
07/07/2003Letter to Commission stating they support the stipulation and recommendation filed by Dayton Power and Light Company, filed on behalf of Timken Company by P. Claytor.1
07/07/2003Letter to Commission regarding the Dayton Power & Light Company late filing of its Memorandum in Opposition to GMEC's Interlocutory Appeal, filed on behalf of Green Mountain Energy Company by B. Weston.2
07/07/2003Post hearing brief, filed on behalf of Community Action Partnership of the Greater Area (fka SCOPE) by E. Jacobs and Ohio Partners for Affordable Energy by D. Rinebolt. (original)8
07/03/2003Initial brief filed on behalf of Strategic Energy, LLC by S. Howard, Dominion Retail, Inc by G. Jeffries and Constellation NewEnergy by W.J. Airey.41
07/03/2003Comments filed on behalf of Energy America, LLC by J. Migden.4
07/03/2003Initial brief filed on behalf of Ohio Manufactures' Association by J. Sanders.17
07/03/2003Supplemental hearing brief, filed on behalf of Dayton Power and Light Company by A. Vinolus and J. Sharkey.18
07/03/2003Brief filed on behalf of Green Mountain Energy Company, Amicus Curiae by E. Robinson.28
07/03/2003Post hearing merit brief, filed on behalf of the Ohio Consumers Counsel by J. Small.27
07/03/2003Post hearing merit brief, filed on behalf of Community Action Partnership of the Greater Dayton Area (fka SCOPE) by E. Jacobs and Ohio Partners for Affordable Energy by D. Rinebolt. (fax)8
07/03/2003Motion of intervenors for leave to file a reply to the memoranda of Dayton Power & Light Company and Industrial Energy Users-Ohio opposing intervenors' application for review and approval of interlocutory appeal, filed on behalf of Constellation NewEnergy, LLC by J. Airey, Strategic Energy, LLC by S. Howard, Dominion Retail, Inc. by G. Jeffries.19
07/03/2003Hearing brief supporting the stipulation and recommendation, filed on behalf of Industrial Energy Users-Ohio by S. Randazzo.20
07/03/2003Post hearing brief, filed on behalf of PUCO staff by W. Wright and T. Lindgren.16
07/02/2003Transcript and exhibits of hearing held June 17, 2003 at the Commission before Examiners Gooden and Kingery, Vol III. (submitted) (part 2 of 2)177
07/02/2003Transcript of hearing held June 17, 2003 at the Commission before Examiners Gooden and Kingery, Vol III. (submitted) (Part 1 of 2)150
07/01/2003Memorandum of the Dayton Power and Light company in opposition to the application of Intervenors Strategic Energy, L.L.C. Constellation NewEnergy, Inc., and Dominion Retail, Inc. for review and approval of Intervenors' Interlocutory appeal, filed by P. Horstman.18
07/01/2003Letter filed in support of Stipulation and Recommendation of DP&L, filed on behalf of OHBA by V. Squillace, CAE.1
06/30/2003 Memorandum in response to application of intervenors Strategic Energy, LLC, Constellation NewEnergy, LLC and Dominion Retail, Inc., for review and approval of intervenors' interlocutory appeal, filed on behalf of Industrial Users-Ohio by S. Randazzo.12
06/30/2003Memorandum in opposition to the application of intervenors, Strategic Energy, LLC, Constellation NewEnergy, Inc., and Dominion Retail, Inc., for review and approval of intervenors' interlocutory appeal, filed on behalf of The Dayton Power & Light Company by A. Vinolus and P. Horstman. (fax)17
06/26/2003Memorandum in opposition to the interlocutory appeal application review by Green Mountain, filed on behalf of DP&L by A. Vinolus and P. Horstman.10
06/25/2003Memorandum contra to Green Mountain's interlocutory appeal application for review, filed on behalf of OCC by J. Small.9
06/24/2003Memorandum contra interlocutory appeal and application for review, filed on behalf of Industrial Energy Users-Ohio's by S. Randazzo.7
06/20/2003Interlocutory appeal filed on behalf of Green Mountain Energy Company by E. Robinson.49
06/16/2003Deposition of Frank Lacey, Volume II, filed.212
06/16/2003Deposition of Phillip Michael Brock filed. (Volume II)105
06/16/2003Notice of filing the depositions of Phillip M. Brock and Frank Lacey filed on behalf of DP&L by A. Vinolus and P. Horstman.5
06/16/2003Request that the Commission deny WPS's motion, filed on behalf of OCC by L. Sauer.1
06/16/2003Transcript and exhibits filed for hearing held May 29, 2003, (RG) (JK), 137 pgs., Con't. (PUCO-Columbus, OH)139
06/13/2003Notice of filing the deposition of Dona R. Seger-Lawson, filed on behalf of The Dayton Power and Light Company by A. Vinolus.79
06/12/2003Exhibits of deposition of Dona R. Seger-Lawson taken on June 4, 2003, filed by S. Howard.44
06/12/2003Deposition of Dona R. Seger-Lawson taken on June 4, 2003 filed.81
06/12/2003Memorandum contra to Green Mountain Energy Company's motion to intervene, filed on behalf of Ohio Consumers Council by J. Small.8
06/10/2003Deposition of Frank Lacey, filed on behalf of The Dayton Power & Light Company.161
06/10/2003Deposition of Phillip M. Brock filed on behalf of Dayton Power & Light Company.41
06/10/2003Memorandum in opposition to motion to intervene and request for an expedited ruling by Green Mountain Energy Company filed on behalf of DP&L by A. Vinolus.12
06/10/2003Notice of filing the depositions of Phillip M. Brock and Frank Lacey on behalf of Dayton Power & Light Company by A. Vinolus.4
06/09/2003Motion to intervene and request for an expedited ruling, filed on behalf of Green Mountain Energy Company by E. Robinson.10
05/30/2003Notice of deposition and request for production of documents filed by S. Howard.3
05/29/2003Notice of withdrawal from proceedings, filed on behalf of Cargill, Inc. by C. Smith.3
05/29/2003Motion for continuance of the hearing request for leave to file supplemental testimony, and request for expedited ruling filed on behalf of Strategic Energy, LLC, by S. Howard, Constellation NewEnergy, LLC by J. Airey, Dominion Retail, Inc., by G. Jeffries.7
05/29/2003Conditional withdrawal of the testimony of Randell J. Corbin on behalf of the Ohio Consumers Counsel by J. Small.5
05/29/2003Hearing brief in support of the stipulation and recommendation filed on behalf of the Dayton Power and Light Company by A. Vinolus. 20
05/29/2003Notice of withdrawal filed on behalf of American Municipal Power-Ohio Inc. by J. Bentine.6
05/29/2003Supplemental testimony of Dona R. Seger-Lawson in support of stipulation and recommendation filed on behalf of the Dayton Power and Light Company. 9
05/28/2003Motion for leave to file attached testimony in support of stipulation and recommendation and memorandum in support, filed on behalf of the Dayton Power and Light Company by A. Vinolus.6
05/28/2003Stipulation and recommendation filed on behalf of the Dayton Power and Light Company, by C. Faruki, Ohio Partners for Affordable Energy, by D. Rinebolt, Ohio Consumers Counsel, by J. Small Industrial Energy Users-Ohio, by S. Randazzo, Community Action Partnership of the Greater Dayton Area, by E. Jacobs (fka SCIPE), by staff of the P.U.C.O. 23
05/27/2003Transcript filed for hearing held May 15, 2003, (RG) (JK), 34 pgs., continued. (PUCO-Columbus, OH)34
05/22/2003Direct testimonies, filed on behalf of DP&L. (Filed on 5/19/03)116
05/22/2003Exhibits 21A-22H Vol 2 of 2, filed on behalf of DP&L. continued. (part 2 of 2 ) (Filed On 5/19/02)235
05/22/2003Exhibits Vol 2 of 2 filed on behalf of DP&L (part 1 of 2 ) (Filed on 5/19/03)200
05/19/2003Exhibits 5 thru 20 volume 1of 2 continued. (part 2 of 2)214
05/19/2003Exhibits 5 thru 20 volume 1 of 2, filed on behalf of the applicant. (part 1 of 2 )200
05/19/2003Prepared direct testimony of Peter Baker of PUCO Staff.7
05/19/2003Prepared direct testimony of Robert Fortney of PUCO Staff.12
05/19/2003Prepared direct testimony of K. Wissman, PUCO Staff.8
05/19/2003Prepared direct testimony of Daniel Johnson, Utilities Dept. of the PUCO .18
05/19/2003Testimony of Randell J. Corbin, filed on behalf of The Ohio Consumers Counsel by J. Smart.23
05/12/2003Service Notice.3
05/09/2003Entry ordering that parties wishing to present testimony will have until May 19, 2003, to file that testimony with the Commission; that the hearing commence at 10:00 a.m. on May 15, 2003, Hearing Room 11-D, Commission offices; at such time the attorney examiners will address any preliminary matters and will take testimony from any members of the public who may be present; the hearing will then be adjourned until May 29, 2003, at 10:00 a.m., Hearing Room 11-D, Commission offices. (JK)2
05/08/2003Joint motion and memorandum in support for continuance, extension and for an expedited ruling, filed on behalf of Industrial Energy Users-Ohio by Lisa Gatchell and Ohio Consumers Counsel by J. Small. 8
05/06/2003Entry ordered that case nos. 02-2779-EL-ATA, 02-2879-EL-AAM, 02-2364-EL-CSS and 02-570-EL-ATA be consolidated, and that the stay on the proceedings in case no. 02-2364-EL-CSS be lifted.14
05/05/2003Memorandum in opposition to motion of OCC and Industrial Energy Users-Ohio to clarify, motion to consolidate and lift stay, and request for expedited ruling, filed on behalf of DP&L by A. Vinolus and C. Faruki.11
04/25/2003Motion to clarify, motion to consolidate and lift stay and request for expedited ruling and memorandum in support, filed on behalf of OCC by J. Small, and Industrial Energy Users-Ohio by K. Bojko.11
04/21/2003Service notice filed3
04/17/2003Entry denying AEP's and DP&L's applications for rehearing.3
03/31/2003Joint memorandum contra to applications for rehearing by DP&L and American Electric Power Co., filed on behalf of OCC by J. Small; Industrial Energy Users-Ohio by K. Bojko; and AMP-Ohio by B. Singh.8
03/21/2003Application for rehearing and memorandum in support filed on behalf of The Dayton Power & Light Company by C. Faruki.5
02/20/2003Entry ordering that the motions to dismiss the complaints be denied; that the complaint against AEP be consolidated with AEP's ETP proceeding; that the motions filed by OCC and IEU to intervene in AEP's ETP proceeding is granted; that the motion by SCOPE to intervene in the DP&L complaint proceeding be granted; that this case be stayed until otherwise ordered by the Commission.5
02/20/2003Service Notice.3
02/14/2003Memorandum contra to DP&L's supplemental memorandum in support of the motion to dismiss, filed on behalf of complainants, OCC by J. Small; IEU-Ohio by K. Bojko; and AMP-Ohio by B. Singh.7
01/21/2003Motion for extension of time to file a memorandum contra DP&L's supplemental motion to dismiss and memorandum in support filed on behalf of joint complainants; OCC by J. Small; IEU-Ohio by K. Bojko; and AMP-Ohio by B. Singh.7
01/06/2003Supplemental memorandum and support of the motion to dismiss the joint complaint filed on behalf of The Dayton Power & Light Company by E. Rizer.55
12/09/2002Reply of joint complainants, Ohio Consumers' Counsel, Industrial Energy User-Ohio and American Municipal Power-Ohio, Inc., to memorandum in opposition to motion to compel discovery, filed by J. Small.6
11/27/2002Memorandum in reply to memorandum contra of OCC, Industrial Energy Users-Ohio and American Municipal Power-Ohio to DP&L's motion to dismiss joint complaint, filed on behalf of respondent, DP&L, by A. Vinolus and J. Sharkey.7
11/27/2002Memorandum in opposition to the motion to compel discovery of joint complainants OCC, Industrial Energy Users-Ohio and American Power-Ohio and memorandum in reply to the memorandum contra DP&L's motion for enlargement of time to respond to discovery, filed on behalf of respondent, DP&L, by A. Vinolus and J. Sharkey.5
11/18/2002Unopposed motion of respondent for extension of time until November 27, 2002 to file reply memoranda to joint complainants memoranda contra and motion for enlargement of time and motion to dismiss joint complaint filed on behalf of DP&L by A/ Vinolus7
11/12/2002Motion to compel discovery and memorandum contra DP&L's motion for enlargement of time to respond to discovery filed on behalf of joint complainants, OCC by J. Small; IEU-Ohio by K. Bojko; and AMP-Ohio by B. Singh.51
11/12/2002Memorandum contra to DP&L's motion to dismiss joint complaint, filed on behalf of complainants, OCC by J. Small; IEU-Ohio by K. Bojko; and AMP-Ohio by B. Singh.16
11/08/2002Motion to intervene and memorandum in support filed on behalf of The Supporting Council of Preventative Effort (SCOPE) by E. Jacobs.7
10/24/2002The Dayton Power and Light Company's motion to dismiss the joint complaint filed by C. Faruki.20
10/24/2002The Dayton Power & Light Company's motion for enlargement of time to respond to discovery filed by C. Faruki.6
10/24/2002Answer of the Dayton Power and Light Company to the joint complaint of Ohio Consumers' Counsel, Industrial Energy Users-Ohio, and American Municipal Power-Ohio, Inc. filed by C. Faruki.7
09/27/2002Entry ordering that DP&L's request for a continuance to October 25, 2002 to file its response to the complaint is granted. (RRG)1
09/27/2002Service Notice.2
09/23/2002Motion for an extension of time filed on behalf of respondent, DP&L, by A. Vinolus.4
09/12/2002Complaint letter and copy of complaint mailed to: Dona Seeger-Lawson, DP&L.1
09/12/2002Complaint letter and copy of complaint mailed to: Edward N. Rizer, DP&L.1
09/12/2002Complaint letter and copy of complaint mailed to: Dayton Power & Light Co.1
09/12/2002In the matter of the joint complaint of The Office of Consumers' Counsel and Industrial Energy Users-Ohio and American Municipal Power-Ohio, Inc. (vs) Dayton Power & Light Company relative to the alleged violation of the orders of the Public Utilities Commission of Ohio regarding implementation of its transition plan.10