1 PUBLIC UTILITIES COMMISSION OF OHIO 2 3 - - - 4 In the Matter of the : Significantly Excessive : Case No. 5 Earnings Test under Section : 16-920-EL-UNC 4928.143(F), Ohio Revised Code: 6 and Rule 4901:1-35-03(C)(10) : Ohio Administrative Code for : 7 The Dayton Power and Light : Company. : 8 - - - 9 10 PROCEEDINGS 11 Before Nick Walstra and Patricia Schabo, 12 Attorney Examiners, held at the Public Utilities 13 Commission of Ohio, 180 East Broad Street, 14 Hearing Room 11-C, Columbus, Ohio, on Tuesday, 15 June 14, 2017, at 10:00 A.M. 16 17 - - - 18 19 20 21 22 Armstrong & Okey, Inc. 222 East Town Street, 2nd Floor 23 Columbus, Ohio 43215 (614) 224-9481 - (800) 223-9481 24 - - - 25 ARMSTRONG & OKEY, INC., Columbus, Ohio (614)224-9481 2 1 APPEARANCES: 2 Mr. Michael Schuler 3 The AES Corporation 1065 Woodman Drive 4 Dayton, Ohio 45432 5 On behalf of The Dayton Power and Light Company. 6 7 Mr. Thomas W. McNamee Assistant Attorney General 8 30 East Broad Street 16th Floor 9 Columbus, Ohio 43215 10 On behalf of the Staff of the Public Utilities Commission 11 of Ohio. 12 13 14 15 16 - - - 17 18 19 20 21 22 23 24 25 ARMSTRONG & OKEY, INC., Columbus, Ohio (614)224-9481 3 1 INDEX TO WITNESSES 2 - - - 3 DIRECT CROSS 4 DP&L WITNESSES 5 Dona Seger-Lawson 7 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ARMSTRONG & OKEY, INC., Columbus, Ohio (614)224-9481 4 1 INDEX TO EXHIBITS 2 - - - 3 MARKED ADMT JOINT EXHIBITS 4 1 Stipulation and 6 10 5 Recommendation 6 DP&L EXHIBITS 7 1 Application 6 10 8 2 Confidential Schedule 6 10 9 CAF-7 10 3 Prepared Testimony of 6 10 Dona Seger-Lawson 11 - - - 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ARMSTRONG & OKEY, INC., Columbus, Ohio (614)224-9481 5 1 Tuesday Morning, 2 June 14, 2017. 3 - - - 4 ATTORNEY EXAMINER WALSTRA: The 5 Public Utilities Commission of Ohio has called 6 for hearing at this time and place Case No. 7 16-920-EL-UNC being in the Matter of the 8 Application of The Dayton Power and Light 9 Company for Administration of the Significantly 10 Excessive Earnings Test. 11 My name is Nick Walstra. With me is 12 Trish Schabo, we are the Attorney Examiners 13 assigned by the Commission to hear this case. 14 We will begin by taking appearances 15 of the parties. 16 MR. SCHULER: Your Honor, Mike 17 Schuler on behalf of Dayton Power and Light 18 Company. My address has been provided to the 19 court reporter. 20 ATTORNEY EXAMINER: Thank you. 21 MR. MCNAMEE: On behalf of the Staff 22 of the Public Utilities Commission of Ohio, 23 Thomas McNamee. The address is 30 East Broad 24 Street, 16th Floor, Columbus, Ohio 43215. 25 ATTORNEY EXAMINER: Thank you. I ARMSTRONG & OKEY, INC., Columbus, Ohio (614)224-9481 6 1 understand we have a stipulation. 2 MR. SCHULER: We do, your Honor. 3 If I can go ahead and proceed. If I can start 4 by marking four exhibits, your Honor. 5 ATTORNEY EXAMINER: That works. 6 MR. SCHULER: May I approach? 7 ATTORNEY EXAMINER: You may. 8 MR. SCHULER: As Joint Exhibit 1 I 9 would like to have marked the Stipulation and 10 Recommendation. 11 ATTORNEY EXAMINER: So marked. 12 (EXHIBIT MARKED FOR PURPOSES OF 13 IDENTIFICATION) 14 MR. SCHULER: I would like to have 15 marked as DP&L Exhibit 1, document entitled 16 Application of the Dayton Power and Light 17 Company for Administration of the Significantly 18 Excessive Earnings Test. 19 ATTORNEY EXAMINER: So marked. 20 (EXHIBIT HEREBY MARKED FOR 21 IDENTIFICATION PURPOSES) 22 MR. SCHULER: I would like to have 23 marked as DP&L Exhibit 2 the confidential 24 version of Exhibit CAF-7 filed with 25 the Company's application. ARMSTRONG & OKEY, INC., Columbus, Ohio (614)224-9481 7 1 ATTORNEY EXAMINER: So marked. 2 (EXHIBIT MARKED FOR THE PURPOSE OF 3 IDENTIFICATION) 4 MR. SCHULER: And finally I would 5 like to have marked as DP&L Exhibit No. 3 the 6 testimony of Dona Seger-Lawson. 7 ATTORNEY EXAMINER: So marked. 8 (EXHIBIT HEREBY MARKED FOR 9 IDENTIFICATION PURPOSES) 10 MR. SCHULER: Thank you, Your Honor. 11 At this time the Company would like to call Dona 12 Seger-Lawson to the stand, your Honor. 13 ATTORNEY EXAMINER: Okay. You may 14 approach. 15 (WITNESS SWORN) 16 - - - 17 DONA SEGER-LAWSON 18 called as a witness, being first duly sworn, 19 testified as follows: 20 DIRECT EXAMINATION 21 By Mr. Schuler: 22 Q. Good morning, Ms. Seger-Lawson. 23 A. Good morning. 24 Q. Could you please identify your name 25 and business address for the record? ARMSTRONG & OKEY, INC., Columbus, Ohio (614)224-9481 8 1 A. My name is Dona Seger-Lawson. My 2 address is 1065 Woodman Drive, Dayton, Ohio 3 45432. 4 Q. Thank you. You heard me mark 4 5 exhibits this morning. Do you have copies of 6 all four exhibits in front of you? 7 A. Yes, I do. 8 Q. Just walk through those really 9 quickly. Do you recognize what has been marked 10 as Joint Exhibit No. 1? 11 A. Yes. Joint Exhibit No. 1 is the 12 Stipulation and Recommendation filed in this 13 case. 14 Q. And do you recognize what has been 15 labeled as DP&L Exhibit No. 1? 16 A. DP&L Exhibit 1 would be the 17 application of the Dayton Power and Light 18 Company for Administration of its Significantly 19 Excessive Earnings Test. 20 Q. Thank you. Do you recognize what 21 has been marked as DP&L Exhibit No. 2 in this 22 case? 23 A. Yes. DP&L Exhibit 2 is the 24 confidential version of the Exhibit CAF attached 25 to Craig Forestal's testimony. ARMSTRONG & OKEY, INC., Columbus, Ohio (614)224-9481 9 1 Q. Thank you. Do you recognize DP&L 2 Exhibit No. 3? 3 A. That is my testimony in support of 4 the stipulation. 5 Q. Was that testimony prepared by you 6 or at your direction? 7 A. Yes, it was. 8 Q. Do you have any corrections to your 9 testimony today? 10 A. No, I don't. 11 Q. If I asked you the same questions 12 under oath today would your answers be the same? 13 A. Yes. 14 MR. SCHULER: I have no further 15 questions, your Honor. We proffer Ms. 16 Seger-Lawson for cross-examination. 17 ATTORNEY EXAMINER: Thank you. 18 MR. MCNAMEE: No questions. 19 ATTORNEY EXAMINER: Thank you. You 20 are excused. 21 THE WITNESS: Thank you. 22 MR. SCHULER: At this time, your 23 Honor, the Company would move for admission of 24 Joint Exhibit 1 and DP&L Exhibits 1, 2 and 3. 25 ATTORNEY EXAMINER: Any objection? ARMSTRONG & OKEY, INC., Columbus, Ohio (614)224-9481 10 1 MR. MCNAMEE: No objection, your 2 Honor. 3 ATTORNEY EXAMINER: They will be 4 admitted. 5 (EXHIBITS HEREBY ADMITTED INTO 6 EVIDENCE) 7 ATTORNEY EXAMINER: Anything 8 further? 9 MR. SCHULER: Nothing further, your 10 Honor. Thank you. 11 ATTORNEY EXAMINER: Mr. McNamee. 12 MR. MCNAMEE: Nothing further, your 13 Honor. The Staff has reviewed the application 14 as they normally do and found no problems with 15 it. That's what the stipulation indicates. 16 That resolves all the issues in the case from 17 our perspective. 18 ATTORNEY EXAMINER: Okay. Thank 19 you. We are adjourned. 20 (At 10:08 A.M. the hearing was 21 concluded) 22 - - - 23 24 25 ARMSTRONG & OKEY, INC., Columbus, Ohio (614)224-9481 11 1 CERTIFICATE 2 I do hereby certify that the foregoing is a true and correct transcript of the 3 proceedings taken by me in this matter on June 14, 2017, and carefully compared with my 4 original stenographic notes. 5 __________________________ 6 Michael O. Spencer, Registered Professional 7 Reporter. 8 - - - 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ARMSTRONG & OKEY, INC., Columbus, Ohio (614)224-9481