Ohio Court Upholds Prior Capacity Charges at AEP Ohio, Remands Certain Transition Charge Issues
April 22,2016
The Supreme Court of Ohio issued two decisions related to AEP Ohio's prior electric security plan, and upheld PUCO's design of capacity rates applicable to shopping customers
As reported by EnergyChoiceMatters.com, PUCO in the prior ESP had authorized a capacity charge of $188.88/MW-day, but ruled that AEP Ohio, as the fixed resource requirement entity, could only charge retail suppliers the then-RPM price (which was then about $20/MW-day). PUCO ruled that the difference could be deferred by AEP Ohio
The Court ruled that the capacity charges were permissible, but ruled that AEP Ohio was impermissibly allowed by PUCO to over-collect capacity costs under a charge that, among other things, addressed the deferral
The Court remanded the issue of the correct amount of deferrals to PUCO.
In a separate case, the Court ruled that PUCO erred in its calculation of certain energy market revenues offsetting AEP Ohio's capacity costs, and remanded the issue of the correct calculation to PUCO