High court says no to DP&L refunds appeal

The Supreme Court of Ohio dismissed an appeal by the Ohio Consumers’ Counsel, the Ohio Manufacturers’ Association and Kroger asking that some of Dayton Power and Light’s charges be refunded.

The decision focused on $294 million of “stability” charges that the court found to be unlawful in 2016.

Some 456,000 customers are affected, parties to the lawsuit said.

Those appealing to the Supreme Court wanted relief because, they argued, DP&L kept $294 million that it already collected, even though the Supreme Court had determined the charges to be unlawful.

Four justices disagreed, ruling: “We cannot order effective relief and the appeal is moot.”

Added the majority: “Our task is not to set rates; it is only to (ensure) that the rates are not unlawful or unreasonable, and that the rate-making process itself is lawfully carried out.”

“Today’s 4-3 decision by the court is disappointing for nearly half a million Dayton-area families and businesses,” said J.P. Blackwood, spokesman for the Office of the Ohio Consumers Counsel. “They have been unable to obtain protection at any level of government from paying hundreds of millions of dollars to subsidize their monopoly utility, DP&L.

“DP&L’s subsidy charges have been allowed where poverty is at 35 percent in Dayton and food insecurity is at 18 percent in Montgomery County,” Blackwood added.

A message seeking comment was sent to a DP&L representative. Contact this reporter at 937-2252390 or email Thomas.Gnau@ coxinc.com.