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IN the SUPREME COURT of OHIO Case No. 09-0669

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IN the SUPREME COURT of OHIO Case No. 09-0669 IN THE SUPREME COURT OF OHIO 'I'he Office of the Ohio Consumers' Counsel, Case No. 09-0669 Appellant, Appeal from the Public Utilities Commission of Ohio V. Case Nos. 08-920-EL-SSO, 08-92 1 - EL-AAM, 08-922-EL-UNC, The Public Utilities Commission of Ohio 08-923-EL-ATA Appellee. ADDITIONAL SUPPLEMENT TO REPLY BRIEF OF APPELLANT, 'THE OFFICE OF THE OHIO CONSUMERS' COUNSEL Janine L. Migden-Ostrander Richard Cordray (Reg. No. 0002310) (Reg. No. 0038034) Consumers' Counsel Attorney General of Ohio Ann M. Hotz, Counsel of Record Duane W. Luckey (Reg. No. 0053070) (Reg. No. 0023557) Jeffrey L. Srnall Chief, Public Utilities Section (Reg. No.0061488) Thomas W. McNamee, Counsel of Michael E. Idzkowski Record (Reg. No. 0062839) (Reg. No. 0017352) Assistant Consumers' Counsel William L. Wright (Reg. No. 0018010) 10 West Broad Street, Suite 1800 Assistant Attorneys General Columbus. Ohio 43215-3485 (614) 466-8574 (T) 180 East Broad Street (614) 466-9475 (F) Columbus, Ohio 43215-3793 (otztibocc.state.oh.us (614) 644-8698 (T) small(Locc.state.oh.us (614) 644-8764 (F) idzkowslti("cr.occ.state.oh. us duane.luckecupuc.state.oh.us thomas.mcnarnee a,puc.state.oh.us Attorneys,for Appellant, william.wrifi h t(i^puc.state.oh.us Office of the Ohio Consumers' Counsel Attorney.rfor Appellee, Public Utilities Comrr{fs^i^n Il^^li Glenn S. Krassen Amy B. Spiller, Counsel of Record (Reg No. 000716) (Reg. No. 0047277) Bricker & Eckler LLP Elizabeth H. Watts 1375 East Ninth Street, Suite 1500 (Reg. No. 0031092) Cleveland, Ohio 44114 Assistant General Counsel (216) 523-5405 - (T) Rocco O. D'Ascenzo (216) 523-5405 - (F) (Reg. No. 0077651) okrlssennbricker.com Senior Counsel Duke Energy Business Services E. Brett Breitschwerdt 139 East Fourth Street, 25 AT II (Reg. No. 0082801) Cincinnati, Ohio 45202 Matthew W. Warnock (513) 419-1810 (T) (Reg No. 0082368) (513) 419-1846 (F) Bricker & Eckler LLP Appellee, 100 South Third Street Counselfor Intervening Columbus, Ohio 43215 Duke Energy Ohio (614) 227-2300 (T) (614) 227-2390 (F) mwarnoclc(k^bricker.com bbreitschwerdt(i^ bricker.com Counsel_for Amicus Curiae, Northeast Ohio Public Energy Council Lance M. Keiffer, Counsel of Record (Reg. No. 0042730) Lucas County Asst. Prosecuting Attorney 711 Adams Street, 2nd Floor Toledo, Ohio 43624 (419) 213-4596 (T) Ikcifter(a)co.lucas.oh.us Leslie A. Kovacik (Reg. No. 0070157) City of Toledo/NOAC 420 Madison Avenue, Fourth Floor Toledo, Ohio 43604 (419) 245-1893 Leslie kovicik(iatoledo.oh.gov Counsel for Arnieus Curiae, Northwest Ohio Aggregation Coalition Stephen M. Howard (Reg. No. 0022421) Vorys, Sater, Seymour and Pease LLP 52 East Gay Street P.O. Box 1008 Columbus, Ohio 43216-10078 (614) 464-5401 (T) (614) 719-4772 (F) snilioward c vorvs.com Attorneys for Amicus Curiae, Direct Energy Services, LLC TABLE OF CONTENTS ADDITIONAL SUPPLEMENT Page P.U.C.O. Electric No. 20, Sheet No. 36.5, Cancelling and Superseding Sheet No. 36.4, Page 5 of 8 ..............................................................................................000001 In the Matter of the Application of Ohio Edison Company for Authority to Change Certain of 'its Filed Schedules Fixing Rates and Charges for Electric Service, Case No. 87-689-EL-AIR ) ......................... .............. ............................................000002 (Januazy 26, 1988 Tariff of Columbus Southern Power, P.U.C.O. No. 7. Original Sheet No. 27-1, Schedule SBS, ............................................................000043 Effective: Cycle 1 April 2009 ............ In the Matter of the Application of'Columbia Gas of Ohio, Inc. for Authority to Amend Filed Tariff.r to Increase the Rates and Charges for Gas Service, Case No. 94-987-GA-AIR (September 29, 1994) ........................ ... .. ...... ... ... ... ...................... ...... ........000052 In the Matter of the Commission's Response to Provisions of'the Federal Energy Policy Act of 2005 Regarding Net Metering, Smart Metering and Demand Response, Cogeneration and power Produclion Purchase and Sale Requirements and Interconnection, Case No. 05-1500-EL-COI .. ... ........ .................... .............. .............000122 (March 28, 2007) ............ ............. In the Matter of Commission Implementation of FERC Order 636 and Related Matters, Case No. 93-1636-GA-UNC, Entry (September 15, 1995), Gas Transportation Program Guidelines, Appendix A . .. .. .. ... .. .. ... .. .. ... .. ... .. .... .. .. .. .. ..000175 In the Matter of 'the Application of Ohio Edison Company, The Cleveland Electric Illuminating Company, and the Toledo Edison C'ompany_for Authority to Establish a Standard Service Offer Pursuant to Section 4928.1 43, Revised Code in the Form of an Electric Security Plan, Case No. 08-935-EL-SSO Opinion and Order December 19, 2008) ......................................000187 In the Matter of the Application of the Dayton Power and Light Company For Approval of'Its Electric Security Plan, Case No. 08-1094-EL-SSO, Opinion and Order (June 24, 2009) .................................................................000258 05-52-EL-GAG, Renewal Certificate Number 05-129E(3) issued to Green Township (May 5, 1009); Renewal Certificate Number 03-103E(4) and 03-1145-E1.-GAG, Renewal Certificate Number 03-103E(4) issued to Village of Indian Hill (June 16, 2009) ........................000271 i P.U.C.O. Eledrtc No. 20 Sheet No. 36.5 Duke Energy Ohio Cance6ng and Supers®ding 139 East Fourth Street Sheet No. 36A Cinrinnati, Ohio 46202 Page 5 of 8 SECTION VN END-USE CUSTOMER ENROLLMENT PROCESS (Contd.) use Customer must either sign Ihe Company's Customer Agreement for the waiver program or provide the Cnnpany acceptable proof that they have a fuUy exeCuted contract with a Cerfified Supptiersecuring generation service through December 31, 2011. iii) If the requirements in paragraphs I) and'a) above are met, the waiver of Rider SRASRT and the associated shopping credit (Rider SC) become effecNve for the appropriate account number(s) on the regtdary schedufed Meter Read Date(s) for the account number(s) that occur(a) at ieast 80 days subsequenl to the Company's receipt of the Rider SRA-SRT Waiver Notiftcation form submitted per paragraph i) above. c) Small Commercial and Industrial End-use Customers and Large Commercial and Ldustriai End-use Custamers recefvritg generation servlce through a governmental aggregator w1B avoid (waive) Rider SRA- SRT and receive a shopping credit (Rider SC) If the govemmental aggregator notlfiea the Company at least stxty (60) days prior to the start of the govemmental aggragatlon of Its intent to place all Sma6 Commercial and Indusbiai End-use Customers and Large Commercial and IndusMal End-use Customers served by the governmental aggregatlon on the Rider SRA-SRT waiver p(ogram and to maintain Ihe governmental aggregation through Decernber 31, 2011. Small Conxnerctal and Industdat End-use Customers and Large Commercial and Indus(rial End-use Customers recelving ganeration servlce through such a govemmental aggregation who do not want to participate in the Rider SRA-SRT waiver program may requeat the Company to bill them monthiy for Rider SRA-SRT and to not apply a monthly shopping credit (Ridar SC) to their bi11. d) Any Smatl Commercial and Industdat End-pse Customer or Large Commercial and industdal End-use Customer parflqpating In Ihe Rider SRA-SRT waiver program, including those receiving generagon service through a govemmental aggregatlon, who retums to the ESP-SSC prior to December 31, 2011, will be billed a monthty eariy retum premium desraibed in seclion 7.8 of this Tariff Sheet, e) Resufential End-use cusbmera recatving generagon sarvhee through a govemmental aggregator will avoid (waive) Rider SRASRT if the govemmental aggregalor notifies the Company at least sixty (60) days prior to the slart ot the govemmental aggregation of its intent to pteca all ResidenSei End-Use Customers served by the governmental aggregation on the Rider SRA-SRT waiver program and lo maintain the govemmental aggregatlon Ihrough December 31, 2011. Residenlial End-use Customers recaluing goneratlon sarvice lhrough such a garernmental aggregation who do not waM to par8cipate In the Rider SRA-SRT waiver program may request the Company tD bill them monthly far Rider SRA-SRT. If a Residentiel End-use Customer receiving generaUon service through a governmental aggregation that has agreed to remain off the ESP-SSO through December 31, 2011 (in exchange for avoiding Rider SRT), and then returns to the ESP-SSO pdor Io December 31, 2011, such Residential End-use Custorner will be bitled a monthty early ratum premium based on 15% of the applicable generation charges and Riders described in TarHf 19 in addifion to the nomwl drarges calculated per (he ESPSSO. a) An Enduse Customers retum to ESP-SSO service may be a resun of End-use Customer choice, Certihed Supplier defauft, temrination of a Certffled Supplier contract, opt out or lennination of a governmental aggregatlon program, or Certified Supplier withdrawal. Filed pursuant to an Order dated December 17, 2008 in Case No. 08-920-EL-SSO before the Public UliGties Commission of Ohio. Issued: Deeember 18, 2008 Effective; Jenuary 2, 2D09 tssued by Julie Janson, President 000001 Search - 17 Results - stand-by service Page 1 of 41 Shepard's® ^ Alerts TTransactionai Advisor ®'-°^^^ i r ^ My Lexis'" ^: Search =Research Tasks: •';Get a Document C FOCUS*" Terms stand-by service Search Within ^rigmal Results (1 - 17) m Advanced... 1 rst^Ifs 7 1 ^ ^C^ECes-11Y? Aq-n , 5Aa1 nol i 17j'^. Source: Combined Source Set
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