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Issues for Electric Consumers
                                                                                                                                            served by local utilities. Bills are proposed at the Ohio General Assembly (S.B. 157, H.B. 249)
                                                                                                                                            for regulating submetering. The Agency offered testimony and recommendations on both bills
                                                                                                                                            and supports the passage of House Bill 249 for consumer protection.
          In 2017, the Office of the Ohio Consumers’ Counsel served the interests of more than about four
          million residential electric consumers in Ohio. The Agency advocated for lower rates, reliable                                    An important bill for consumer protection, House Bill 247, was introduced in the Ohio General
          service, and competition for power plant generation and smart grid services.
                                                                                                                                            Assembly in 2017. The bill would repeal the part of Ohio’s 2008 energy law that allows “electric
                                                                                                                                            security plans” and permit refunds to Ohio consumers when charges they paid are later
          There were some familiar and some novel consumer issues in 2017. The Ohio General Assembly’s                                      determined by the Ohio Supreme Court to have been improper. OCC supports the bill.
          vision in 1999 was for a competitive electric market. But nearly twenty years later Ohio’s electric
          utilities continue to seek subsidies from consumers. The Agency’s “Subsidy Scorecard,” shown                                      Some of the protections that the Office of the Ohio Consumers’ Counsel recommended for
          on the inside back cover of this Annual Report, is a summary of the subsidies paid by Ohio                                        millions of Ohioans in 2017 are described below. A full listing of the Agency’s case activities can
          customers to their electric utilities since 2000. Utilities have sought to subsidize their aging,                                 be found at the back of this Annual Report.
          uneconomic power plants at the General Assembly, the PUCO, and other forums.

          At the General Assembly, bills have been introduced that, if passed, would subsidize both coal
          and nuclear plants. The Ohio Valley Electric Corporation (OVEC) bills (S.B. 155, H.B. 239) reflect
          utility efforts to subsidize sixty-year-old, uneconomic coal-fired power plants located in Ohio                                 State Cases Affecting                              Consumers’ Counsel challenges
          and Indiana that are owned by a number of the regional utilities. The nuclear plant bills (S.B.                                 Electric Consumers                                 another subsidy charge from DP&L
          128, H.B. 178, H.B. 381) would require customer payments to subsidize FirstEnergy’s nuclear
          plants over the next 16 years.                                                                                                  Consumers’ Counsel recommends                      In February 2016, DP&L sought PUCO approval for
                                                                                                                                          protecting consumers from AEP’s                    its most recent electric security plan. Part of DP&L’s
          At the PUCO, utilities have sought and received power plant subsidies for the old, uneconomic                                   proposed electric security plan                    plan called for a so-called Distribution Modernization
          OVEC plants in which Ohio utilities have ownership interests. The subsidies are through a power                                                                                    Rider (DMR) to preserve DP&L’s “financial integrity.”
          purchase agreement with OVEC. AEP customers have paid to subsidize the OVEC plants since                                        In September 2016, AEP submitted an application    This customer-funded subsidy ($105 million per year
          January 1, 2017. OCC has appealed that subsidy and is awaiting a ruling by the Supreme Court                                    to extend its electric security plan. AEP proposed   for 3-5 years) is aimed at allowing DP&L and its parent
          of Ohio. Dayton Power & Light (DP&L) customers also began paying to subsidize the OVEC                                          charging customers millions of dollars for a distribution  company to improve their financial condition so DP&L
          plants starting November 1, 2017. An appeal of that subsidy is likely once a final order is issued                              investment rider, a distribution technology rider, and   can borrow money at a lower rate and eventually
          by the PUCO. Duke has sought the same subsidies from customers in two cases presently before                                    a plug-in vehicle charging station rider. Additionally,   modernize its distribution system at a later date. The
          the PUCO.
                                                                                                                                          the utility proposed charging its customers to subsidize   OCC estimates that this subsidy will cost the average
                                                                                                                                          uneconomic coal-fired power plants in which the utility  residential consumer nearly $10 per month and up to
          This year, Ohio’s utilities have continued to pursue a variety of other charges that add to the                                                                                    $600 in total for three years of the subsidy. The Agency
          costs customers pay for electricity. Dayton Power & Light ($105 million/year for 3-5 years) and                                 has an ownership interest through OVEC.            opposed the charge as unlawful because it requires
          FirstEnergy ($204 million/year for 3-5 years), for example, were allowed to charge customers                                                                                       customers to support the creditworthiness of the
          for “distribution modernization.” However, the PUCO did not require these utilities to actually                                 In November 2017, AEP submitted to the PUCO a      utility’s parent corporation.
          use the money collected from customers to modernize their distribution systems. Instead, the                                    settlement it had reached with other parties. This
          charges are intended to provide credit support for these utilities.                                                             settlement would allow AEP to charge customers for,
                                                                                                                                          among other things, subsidizing the OVEC plants. AEP   The PUCO approved a settlement that included the
          AEP Ohio proposes to increase rates to customers for electric vehicle charging stations. And                                    proposed to extend its current electric security plan   DMR subsidy charge for Dayton-area consumers to pay.
          Duke, just two years after it finished installing smart meters for all of its customers, already                                and included various financial benefits for parties that
          proposes to replace some of those costly meters with new smart meters.                                                          signed onto the settlement. The Agency opposed this   DP&L - 16-0395-EL-SSO, et al.
                                                                                                                                          settlement because it requires Ohioans to subsidize
          The Office of the Ohio Consumers’ Counsel has advocated to protect consumers from all of                                        uneconomic power plants and pay tens of millions
          these charges.                                                                                                                  of dollars annually for projects that most consumers
                                                                                                                                          will not benefit from or use. Customers are awaiting a
          Ohioans who receive electric service resold by unregulated middlemen continue to see excessive                                  decision from the PUCO on the proposed settlement.
          charges for electric service and/or a lack of consumer protections. Under this “submetering”
          model, consumers do not receive the same protections and service available for Ohioans                                          AEP - 16-1852-EL-SSO, et al.






        8        Office of the Ohio Consumers’ Counsel                                                                                                                                                                  Annual Report 2017    9
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