Update:  On December 5, 2012, DP&L notified intervening parties that it “recently found an error in some of the cost data in [its] ESP filing; unfortunately, that error flows through to a number of schedules and workpapers. DP&L plans to revise the portions of the filing that are affected by that error, and has been working hard since last Thursday to revise those documents; DP&L is committed to keeping on schedule for both settlement discussions and, if necessary, a hearing, and to that end will be making the revised filing shortly. DP&L also intends within days of the revised filing to update its previously-served discovery responses to reflect the revised information.”

DP&L also provided that it anticipates that the effect of the error will cause an increase in its request of a service stability rider (“SSR”). This nonbypassable charge was originally $73 million under DP&L’s market rate offer (“MRO”), but increased to $120 million under DP&L’s existing ESP request, and is likely to increase once more. DP&L’s constant delays could likely impact the procedural schedule once again by delaying the commencement date of the evidentiary hearing, currently scheduled for February 11, 2013.