Update: DP&L and some parties reached a settlement regarding DP&L’s proposed credit support rider called the distribution modernization rider (DMR). OMAEG, along with most consumer groups and PUCO Staff, did not join DP&L’s proposed settlement for many reasons. First, the DMR far exceeds the amount provided to FirstEnergy, who is much larger, in its ESP case. Second, the settlement would require OMAEG to waive any legal challenge to DP&L’s unlawful rate stability charge (RSC), which customers are currently paying under DP&L’s current ESP. Additionally, the settlement allows for uncapped spending for non-commodity billing and supplier consolidated billing. Finally, the settlement contains no protection against AES Corporation from seeking to recover tax sharing liabilities from DPL Inc. after the expiration of the DMR term, likely resulting in DP&L requesting additional credit support in the future. DPL Inc. is the wholly-owned subsidiary of AES and the parent company of DP&L. For these and many other reasons, the Commission will likely reject or modify the settlement. Ultimately, this outcome will likely result in more favorable terms than those proposed under the settlement, such as reduced rates for OMAEG members. The hearing to oppose the settlement is set for March 8, 2017. Further, given the delay in the proceeding, DP&L has agreed to commence a competitive bidding process (CBP) on April 3^rd and 24^th of 2017 for generation service for its standard service offer (SSO) even if its proposed ESP is not yet approved.

Other than DP&L and DPL Inc. (importantly, not AES), the parties who have signed as Signatory Parties and Non-opposing Signatory Parties are as follows: