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Supreme Court of Ohio

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In the Matter of the Application of the Dayton Power and Light Company for Approval of Its Electric Security Plan, Case No. 2017-0241
Public Utilities Commission of Ohio

ISSUES:
- May the Public Utilities Commission of Ohio (PUCO) allow an electric utility provider to withdraw its Electric Security Plan (ESP) after the Ohio Supreme Court has ordered revisions to the plan?
- Does the Court's 1957 Keco Industries v. Cincinnati and Suburban Telephone Co. decision prevent the return of unlawful charges back to ratepayers, or does the Court have the right to order prospective adjustments to make up for overpayments by ratepayers?
- Does the PUCO's approval of a provider's new ESP make the prior plans null and void, and is a legal challenge to the prior plans a moot issue?