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Case Record For:

04-0085-EL-CSS

Case Title: MIAMI VALLEY COMMUNICATIONS COUNCIL (VS) DAYTON POWER & LIGHT COMPANY
Status: AR-Archived
Industry Code: EL-ELECTRIC
Purpose Code: CSS-Complaint on service or safety
Date Opened: 1/21/2004
Date Closed:
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Date FiledSummaryPages
08/12/2005Letter stating that OCC intends to file a motion on or after August 15, 2005 filed by J. Small on behalf of OCC.1
06/21/2005Supreme court transmittal papers(05-0945).12
05/23/2005Notice of Appeal of the Office of the Ohio Consumers' Counsel(Supreme Court #05-0945).8
03/23/2005Entry on rehearing ordering that the application for rehearing filed by OCC be denied.10
03/23/2005Service Notice4
03/14/2005Memorandum contra application for rehearing of The Office of the Ohio Consumers' Counsel filed by B. Royer on behalf of Dominion Retail, Inc., and E. Robinson on behalf of Green Mountain Energy Company.11
03/14/2005Memorandum contra OCC's application for rehearing of Industrial Energy Users-Ohio filed by L. McAlister.4
03/14/2005Memorandum in opposition to the application for rehearing filed by J. Sharkey on behalf of The Dayton Power and Light Company.25
03/04/2005Application for rehearing filed on behalf of The Ohio Consumers' Counsel by L. Sauer.31
02/02/2005Opinion and Order stating that the Stipulation and Recommendation filed October 14, 2004 be approved and DP&L shall, within 30 days, file tariffs for Commission approval that reflect the stipulation and be authorized to file an ATA proceeding to implement rider to recover it's billing system modification costs; that 03-2405 and 04-85 be closed of record.23
02/02/2005Service Notice4
12/21/2004Billing System Audit and Recommendations Report filed by J. Brock on behalf of DP&L.83
11/23/2004Reply Post-Hearing Brief in Support of The Stipulation and Recommendation filed by J. Sharkey on behalf of The Dayton Power and Light Company.28
11/23/2004Reply Brief filed by J. Sanders on behalf of Dominion Retail, Inc., J. Bentine on behalf of Miami Valley Communications Counsel and E. Robinson on behalf of Green Mountain Energy Company.30
11/23/2004Reply Brief filed by L. Sauer on behalf of The Office of the Consumers' Counsel.37
11/23/2004Reply Brief filed by PUCO staff.28
11/19/2004Correspondence filed on behalf of Ohio Partners for Affordable Energy by D. Rinebolt.1
11/12/2004Merit Brief submitted by the staff of The Public Utilities Commission of Ohio by S. Nourse and S. Reilly.17
11/12/2004Initial Brief filed on behalf of Dominion Retail, Inc. and Miami Valley Communications Council by J. Sanders, B. Singh and B.Royer.30
11/12/2004Service Notice3
11/12/2004Initial brief filed by L. McAlister on behalf of Industrial Energy Users-Ohio.6
11/12/2004Initial Post-Hearing brief of The Dayton Power and Light Company in support of the Stipulation and Recommendations filed by J. Sharkey.42
11/12/2004Post-hearing brief of The Office of the Ohio Consumers' Counsel filed by J.Ostander.72
11/10/2004Transcript for hearing held October 14, 2004; Examiner J. Kingery.50
11/10/2004Entry ordering that UtiliPoint is hereby selected to perform consulting activities as set forth in the entry; that DP&L and UtiliPoint shall observe the requirements set forth in this entry.4
11/05/2004Transcript for hearing held Thursday, October 21, 2004 before hearing examiner Jeanne Kingery at the offices of the Commission.161
10/28/2004Transcript and exhibits for hearing held September 29, 2004; Examiner J. Kingery.78
10/27/2004Transcript and exhibits for hearing held October 13, 2004; Examiner J. Kingery169
10/27/2004Entry stating the Commission staff distribute the request for proposal to various consulting firms; that DP&L and the auditor observe the requirements set forth in this entry.16
10/27/2004Service Notice3
10/27/2004Entry stating that this entry be corrected to reflect that proposals pursuant to the request for proposals be received no later than November 5, 2004. (JK)3
10/19/2004Prepared testimony of Gregory C. Scheck filed on behalf of PUCO.7
10/19/2004Prepared testimony of Gregory A. Price filed on behalf of PUCO.13
10/15/2004Transcript for hearing held 9/30/2004 at the offices of the Commission before hearing examiner Jeanne Kingery.172
10/14/2004Stipulation and Recommendation filed by PUCO staff and The Dayton Power and Light Company.13
10/13/2004Transcript hearing held September 29, 2004; examiner J. Kingery.110
09/28/2004Notice of the filing of deposition of Pat Swanke filed by L. Sauer on behalf of OCC.69
09/27/2004Notice of filing the disposition of Kent Briston on behalf of The Dayton Power & Light Company by J. Sharkey.62
09/27/2004Notice of filing the deposition of Ross Pultz continue. (part 2 of 2)153
09/27/2004Notice of filing the deposition of Ross Pultz on behalf of The Dayton Power and Light Company by A. Sinkovits. (part 1 of 2)153
09/24/2004Return of service stating subpoena was served filed by J. Davis4
09/24/2004Motion to intervene and memorandum in support filed on behalf of Green Mountain Energy Company by E. Robinson.8
09/23/2004Notice of filing the depositions of John T. Courtney and Thomas J. Butler filed on behalf of The Dayton Power & Light Company by A. Sinkovits.145
09/23/2004Deposition of Alissa Stephens filed on behalf of Ohio Consumers' Counsel by L. Sauer.98
09/23/2004Deposition of Dona Seger-Lawson filed on behalf of Ohio Consumers' Counsel by L. Sauer.62
09/22/2004Direct Testimony of Edwin Overcast in opposition of the complaints of Dominion Retail, Inc., and miami Valley Communications Council.21
09/22/2004Designation and summaries of Steven C. Husemann's deposition testimony filed on behalf of Dayton Power & Light Company by J. Sharkey and C. Faruki.5
09/22/2004Designation and summaries of Greg Horn's deposition testimony filed on behalf of Dayton Power & Light Company by J. Sharkey and C. Faruki.5
09/22/2004Designation and summaries of John Weithofer's deposition testimony filed on behalf of Dayton Power & Light Company by J. Sharkey and C. Faruki.5
09/22/2004Designation and summaries of David E. Hamilton's deposition testimony filed on behalf of Dayton Power & Light Company by J. Sharkey and C. Faruki.5
09/22/2004Designation and summaries of Scott Pickup's deposition testimony filed on behalf of Dayton Power & Light Company by J. Sharkey and C. Faruki.5
09/22/2004Designation and summaries of Thomas Bellish's deposition testimony filed on behalf of Dayton Power & Light Company by J. Sharkey and C. Faruki.7
09/22/2004Notice for filing hearing exhibits filed on behalf of the Dayton Power & Light Company by J. Sharkey and C. Faruki.7
09/22/2004Designation and Summaries of David D. Hick's deposition testimony filed on behalf of Dayton Power & Light Company by J. Sharkey and C. Faruki.5
09/22/2004Designation and Summaries of MariLou Smith's deposition testimony filed on behalf of Dayton Power and Light Company by J. Sharkey and C. Faruki.5
09/22/2004Depositions continued.DP&L/ Dominion Hearing Exhibits continued. (Part 8 of 8)106
09/22/2004Depositions continued. DP&L/ Dominion Hearing Exhibits continued.(Part 7 of 8)203
09/22/2004Depositions continued. DP&L/ Dominion Hearing Exhibits continued. (Part 6 of 8)202
09/22/2004Depositions Continued. DP&L/ Dominion Hearing Exhibits continued. (PART 5 of 8)197
09/22/2004Depositions Continued. DP&L/Dominion, Hearing Exhibits continuing from Part 4 - 8. (PART 4 of 8)198
09/22/2004Depositions Continued. (PART 3 of 8)147
09/22/2004Deposition Continued. (PART 2 of 8)199
09/22/2004Notice of filing of depositions filed on behalf of The Dayton Power & Light Company by C. Faruki and J. Sharkey. (PART 1 of 8)201
09/22/2004Direct testimony of Dona R. Seger-Lawson in opposition to the complainants of Dominion Retail, Inc. and Miami Valley Communications Council.73
09/22/2004Testimony of Patricia K. Swanke in opposition to the complainants of Dominion Retail, Inc. and Miami Valley Communications Council.30
09/22/2004Prepared testimony of Kerry J. Adkins, Reliability and Service Analysis Division, PUCO.14
09/22/2004Prepared testimony of Gregory C. Scheck, Reliability and Service Analysis Division, PUCO.9
09/16/2004Motion of the Dayton Power and Light Company for issuance of a subpoena for Thomas Bellish, memorandum in support, and copy of subpoena filed by A. Sinkovits.11
09/16/2004Direct testimony of Alissa M. Stephens filed by J. Sharkey. (original)47
09/15/2004Direct testimony of Kent Bristol on behalf of Miami Valley Communications Council.207
09/15/2004Direct testimony of John T. Courtney, P.E. on behalf of Dominion Retail, Inc., Miami Valley Communications Council and Green Mountain Energy Company.68
09/15/2004Direct testimony of Thomas J. Butler on behalf of Dominion Retail, Inc.11
09/15/2004Prepared testimony of F.Ross Pultz on behalf of The Office of the Ohio Consumers' Counsel.200
09/15/2004Direct Testimony of Alissa M. Stephens on behalf of Dayton Power & Light Company. (FAX)14
08/16/2004Transcript of Hearing held 7/28/04 before Hearing Examiner Jeanne Kingery.13
08/13/2004Entry ordering that the hearing on the consolidated cases continue on 9/29/04, at 10:00 a.m., in hearing room 11-C, 11th floor, Commission offices; that the schedule for completion of discovery and the filing of testimony, set forth in finding (7), be followed. (JK)3
08/13/2004Service Notice2
06/30/2004Service Notice2
06/30/2004Memorandum in opposition to the Miami Valley Communications Council's motion to quash motion of DP&L for the issuance, of subpoenas and expedited ruling, or, in the alternative, condition allowance of depositions with limitations, filed on behalf of DP&L Co. filed by J. Sharkey. (original)12
06/29/2004Entry ordering that MVCC's motion to quash be denied; that MVCC's motion to condition the deposition upon certain limitations be denied; that MVCC and DP&L be ordered to work together to determine a schedule for the depositions that will burden the deponents as little as reasonably possible. (JK)4
06/29/2004Memorandum in opposition to the Miami Valley Communications Council's motion to quash motion of DP&L for the issuance of subpoenas and expedited ruling, or, in the alternative condition allowance of depositions with limitations, filed on behalf of DP&L Co. by J. Sharkey. (FAX)11
06/28/2004Service Notice2
06/25/2004Entry ordering that DP&L's motion to compel is denied that Dominion's motion to dismiss DP&L's application be denied; that the hearing on the consolidated cases shall commence on 7/28/2004, for the taking of any public testimony and then shall be continued until 9/13/2004, at 10:00 a.m., in hearing room 11-C, at the offices of the Commission, that the schedule for the completion of discovery and the filing of testimony, set forth in finding (11), shall be followed. (JK)5
06/25/2004Memorandum contra/motion to quash the motion of the DP&L Co. for the issuance of subpoenas, and expedited ruling or, in the alterative, condition the allowance of depositions with limitations, filed on behalf of Miami Valley Communications Council by B. Singh.12
06/25/2004Entry ordering that the hearing on the consolidated cases shall commence on July 28, 2004, for the taking of any public testimony and then shall be continued until September 13, 2004, at 10:00 a.m., in hearing room 11-C, 11th floor at the offices of the Commission, 180 E. Broad Street, Columbus, Ohio 43215.5
06/23/2004Memorandum contra motion to compel and motion to dismiss application, filed on behalf of complainant by B. Royer.9
06/23/2004Return of Service for the subpoenas that were served on Robert L. Corbin, Centerville City Council Member; David Hamilton, City Manager of Bellbrook; David Hicks, City Manager of Moraine; Gregory B. Horn, City Manager of Centerville; Steve Husemann, City Manager of Kettering; Scott Pickup, City Manager of Germantown; Marilou Smith, Mayor of Kettering; John Weithofer, City Manager of Miamisburg, filed on behalf of DP&L Co. by J. Sharkey.18
06/22/2004Expedited motion to compel discovery of Dominion Retail, Inc. and memorandum in support filed on behalf of DP&L Co. by J. Starkey.36
06/18/2004Motion for issuance of subpoenas and expedited ruling and memorandum in support filed on behalf of The Dayton Power and Light Company by J. Sharkey.24
06/17/2004Motion for issuance of subpoenas and memorandum in support, filed on behalf of DP&L Co. by J. Sharkey.23
06/10/2004Service Notice2
06/09/2004Entry ordered that the hearing on consolidated cases commence on July 28, 2004, at 10:00 a.m., in hearing room 11-C, at the offices of the Commission; that the schedule for discovery and the filing of testimony set forth in finding (5) shall be followed; that notice of hearing be published in accordance with finding (6). (JK)3
06/02/2004Notice of substitution of counsel of Kimberly W. Bojko and Larry Sauer for J. Small, filed on behalf of OCC by L. Sauer.4
04/13/2004Service Notice2
04/13/2004Entry ordered that the hearing on the consolidated cases commence on July 12, 2004, at 10:00 a.m., in hearing room 11-G, 11th fl., at the offices of the Commission, that the schedule for filing testimony set forth in finding (5) shall be followed, that notice be published by the Commission as set forth in finding (6). (JK)4
03/12/2004Entry ordered, that DP&L's motion to consolidate the application case with the Dominion case and the MVCC case be denied, that the motions by DP&L and by DP&L Energy Resources, Inc. to intervene in the applicants case be denied, that the default case be consolidated for hearing the Dominion and MVCC case, that the hearing on the consolidated cases be held on May 5, 2004, at 10:00 a.m. in hearing room 11-D-11th fl., at the offices of the Commission, that the schedule for filing testimony set forth in finding (6) shall be followed, that the motion by Green Mountain for intervention in the default case be granted. (JK)3
03/08/2004Letter stating to the notice that DP&L motions to intervene and consolidate and DPL Energy Resources, Inc. motion to intervene concerning the captioned cases are moot, and the Miami Valley Communications Council will not be responding to the same, filed by B. Singh.2
03/01/2004Motion of the Dayton Power and Light Company for leave to intervene in Miami Valley Communications Council's application to become a municipal electric Aggregators and memorandum in support filed by J. Sharkey.8
02/18/2004Entry ordering that DP&L's motion to dismiss the Dominion case be dismissed, that motions by OCC and Green Mountain to intervene in the Dominion case be granted, that OCC's motion to intervene in the MVCC case be granted, that the Dominion case and the MVCC be consolidated for hearing, that the public hearing in these cases should commence on March 30, 2004, at 10:00 a.m., in hearing room 11-B, 11th fl, at the offices of the Commission, that discovery in these cases be conducted and testimony be filed consistent with finding (16). (JWK)4
02/18/2004Service Notice1
02/12/2004Reply memorandum to the Dayton Power and Light Company's memorandum contra, filed on behalf of OCC by L. Sauer.6
02/11/2004Answer filed on behalf of The Dayton Power & Light Company by H. Liebman.11
02/06/2004Memorandum contra of the Ohio Consumers Counsel motion to intervene, filed on behalf of The Dayton Power & Light Co. by H. Liebman.4
01/22/2004Motion to intervene, filed on behalf of The Ohio Consumers Counsel by J. Small.4
01/22/2004Complaint and complaint letter mailed to: T. Rice of DP&L Co.1
01/21/2004In the matter of the complaint of The Miami Valley Communications Council (vs) The Dayton Power and Light Company for the alleged, unreasonable and unlawfully frustrated governmental aggregation and retail competition in violation of inter alia, RC 4928.01, 4928.02, 4928.06, 4928.17 AND 4905.55, and are otherwise unlawful and unreasonable in violation of, inter alia, RC 4928.18, 4905.22, and 4905.26.24