SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K
CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934
Date of Report: May 8, 2000
(Date of earliest event reported)
Commission Registrant; State of Incorporation; I.R.S. Employer
File Number Address; and Telephone Number Identification No.
1-3525 AMERICAN ELECTRIC POWER COMPANY, INC. 13-4922640
(A New York Corporation)
1 Riverside Plaza
Columbus, Ohio 43215
Telephone (614) 223-1000
1-2680 COLUMBUS SOUTHERN POWER COMPANY 31-4154203
(An Ohio Corporation)
1 Riverside Plaza
Columbus, Ohio 43215
Telephone (614) 223-1000
1-6543 OHIO POWER COMPANY 31-4271000
(An Ohio Corporation)
301 Cleveland Avenue, S.W.
Canton, Ohio 44702
Telephone (330) 456-8173
This combined Form 8-K is separately filed by American Electric Power
Company, Inc. ("AEP"), Columbus Southern Power Company ("CSPCo") and Ohio Power
Company ("OPCo"). Information contained herein relating to any individual
registrant is filed by such registrant on its behalf. No registrant makes any
representation as to information relating to any other registrant, except that
information relating to any of CSPCo or OPCo is also attributed to AEP.
Item 5. Other Events.
Reference is made to Note 5 of AEP's Notes to Consolidated Financial
Statements in the 1999 Annual Report for a discussion of the transition plan for
OPCo and CSPCo filed with the Public Utilities Commission of Ohio ("PUCO") on
December 30, 1999. On May 8, 2000, OPCo and CSPCo filed with the PUCO a
Stipulation and Recommendation with certain other parties to settle this matter.
A copy of the press release, dated May 8, 2000, relating to the stipulated
agreement and the form of Stipulation and Recommendation, dated May 5, 2000, are
attached as Exhibits 99 and 10 hereto, respectively.
Item 7. Financial Statements and Exhibits.
(a) Not Applicable.
(b) Not Applicable.
(c) Exhibits.
The following exhibits are filed herewith in accordance with Item 601 of
Regulation S-K:
Exhibit No. Description
99 Press Release, dated May 8, 2000, announcing the
stipulated agreement regarding OPCo's and CSPCo's
transition plan.
10 Form of Stipulation and Recommendation, dated May 5,
2000, in the Matter of the Application of OPCo and
CSPCo for Approval of Electric Transition Plan and
Application for Receipt of Transition Revenues.
SIGNATURE
Pursuant to the requirements of the Securities Exchange Act of 1934, each
Registrant has duly caused this report to be signed on its behalf by the
undersigned, thereunto duly authorized.
AMERICAN ELECTRIC POWER COMPANY, INC.
Registrant
By: /s/ Henry W. Fayne
Henry W. Fayne
Vice President and Chief Financial
Officer of the Registrant
COLUMBUS SOUTHERN POWER COMPANY
Registrant
OHIO POWER COMPANY
Registrant
By: /s/ Henry W. Fayne
Henry W. Fayne
Vice President of each Registrant
May 8, 2000
EXHIBIT INDEX
Exhibit No. Description
99 Press Release, dated May 8, 2000, announcing the
stipulated agreement regarding OPCo's and CSPCo's
transition plan.
10 Form of Stipulation and Recommendation, dated May 5,
2000, in the Matter of the Application of OPCo and
CSPCo for Approval of Electric Transition Plan and
Application for Receipt of Transition Revenues.
EXHIBIT 99
CLOSER TO ELECTRIC COMPETITION IN OHIO
COLUMBUS, Ohio, May 8, 2000 - Electric competition in Ohio moved closer to
reality today as American Electric Power (NYSE: AEP) announced that the company
has reached a stipulated agreement with major parties regarding its transition
plan filed Dec. 30, 1999, with the Public Utilities Commission of Ohio (PUCO).
AEP's operating companies, Columbus Southern Power Company (CSP) and Ohio
Power Company (OP), which combined serve nearly 1.3 million customers in Ohio,
reached agreement with the PUCO Staff, the Ohio Consumers' Counsel (OCC),
Industrial Energy Users - Ohio, Ohio Manufacturers' Association, National Energy
Marketers Association, Ohio Rural Electric Cooperative, Inc., and Buckeye Power,
Inc., Columbia Energy Power Marketing Corp. and Columbia Energy Services Corp.,
Exelon Energy, Strategic Energy, LLC, Mid-Atlantic Power Supply Association and
Kroger Co.
"This agreement marks a significant milestone in the road to customer
choice of electricity in Ohio," said Henry Fayne, executive vice president
Financial Services of AEP. "It provides the best possible framework by giving
the company the opportunity to recover its regulatory assets and by giving
customers the needed ingredients for the development of a competitive electric
market in Ohio. AEP's strong commitment to develop a competitive electric market
allowed us to settle with a variety of customer groups and a majority of future
power marketers."
Terms of the agreement, which focused on provisions to facilitate the
development of the retail electric market, include:
- - The first 25 percent of CSP's residential customers who switch will not be
required to pay the generation component of current rates and will also
receive a shopping incentive of 0.25 cents per kilowatt-hour. Any unused
portion of the incentive will be used by AEP to reduce transition charges.
- - The first 20 percent of OP's residential customers who switch after 2005 will
be relieved of their obligation to pay transition charges for 2006 and 2007 -
a savings of 0.25 cents per kilowatt-hour.
- - AEP will not request recovery of any potential stranded generation costs.
- - The notice period of commercial and industrial customers who choose to switch
is reduced to 90 days.
- - AEP will work with the Alliance, the Midwest Independent System Operator
(MISO), the Pennsylvania-New Jersey-Maryland (PJM) transmission organization
and other regional transmission organizations (RTOs) to develop and implement
specific proposals to address reciprocity and interface/seam issues regarding
transmission. Further, AEP will transfer operational control of its
transmission facilities to an operating FERC-approved RTO by Dec. 15, 2001.
Until that time, the company will make available up to $10 million to offset
transmission charges imposed by PJM and/or by the MISO for delivery of energy
to its current Ohio customers who switch.
- - Transition charges will end by Dec. 31, 2007, for OP and by Dec. 31,
2008, for CSP, rather than in 2010 as originally requested.
AEP, a global energy company, is one of the United States' largest
investor-owned utilities, providing energy to 3 million customers in Indiana,
Kentucky, Michigan, Ohio, Tennessee, Virginia and West Virginia. AEP has
holdings in the United States, the United Kingdom, China and Australia.
Wholly owned subsidiaries provide power engineering, energy consulting and
energy management services around the world. The company is based in
Columbus, Ohio.
- - -
News releases and other information about AEP can be found on the World
Wide Web at http://www.aep.com.
###
EXHIBIT 10
BEFORE
THE PUBLIC UTILITIES COMMISSION OF OHIO
In the Matter of the Application of )
Columbus Southern Power Company for ) Case No. 99-1729-EL-ETP
Approval of Electric Transition Plan and )
Application for Receipt of Transition )
Revenues )
)
In the Matter of the Application of )
Ohio Power Company for Approval of ) Case No. 99-1730-EL-ETP
Electric Transition Plan and Application )
for Receipt of Transition Revenues )
STIPULATION AND RECOMMENDATION
I. INTRODUCTION
Rule 4901-1-30, Ohio Administrative Code ("OAC") provides that any two or
more parties to a proceeding may enter into a written or oral stipulation
covering the issues presented in such a proceeding. The purpose of this document
is to set forth the understanding of the parties who have signed below (the
"Signatory Parties") and to recommend that the Public Utilities Commission of
Ohio (the "Commission") approve and adopt, as part of its Opinion and Order in
these proceedings, this Stipulation and Recommendation (the "Stipulation")
resolving all of the issues in the above-captioned proceedings except as
specified in Paragraph XVI herein. This Stipulation is supported by adequate
data and information; represents a just and reasonable resolution of all issues
in these proceedings; violates no regulatory principle or precedent; and is the
product of lengthy, serious bargaining among knowledgeable and capable parties
in a cooperative process, encouraged by this Commission and undertaken by the
Signatory Parties to settle these cases. While this Stipulation is not binding
on the Commission, it is entitled to careful consideration by the Commission,
where, as here, it is sponsored by parties representing a wide range of
interests, including the Commission's Staff. For purpose of resolving all issues
raised by these proceedings, the Signatory Parties stipulate, agree and
recommend as set forth below.
II. PARTIES
This Stipulation is entered into by and among Columbus Southern Power
Company (CSP) and Ohio Power Company (OPCO) (collectively, the "Companies") and
such other parties as are signatory hereto. All Signatory Parties fully support
this Stipulation and urge the Commission to accept and approve the terms hereof.
To the extent that the implementation of the provisions herein reasonably
require actions by the Companies' agents or affiliates, the Companies are
responsible for the performance of such actions.
III. RECITALS
WHEREAS, the State of Ohio enacted Am. Sub. S.B. No. 3, which provides
for customer choice effective January 1, 2001;
WHEREAS, the Companies on December 30, 1999, filed transition plans as
required by Am. Sub. S.B. No. 3 and the Commission's rules adopted under the
authority of Am. Sub. S.B. No. 3, and supplemented such plans through the
date hereof (the "Filing");
WHEREAS, the Signatory Parties have reviewed and discussed the transition
plan and the Filing of the Companies in detail and are fully aware of its
contents;
WHEREAS, the agreements herein represent a comprehensive solution to the
issues raised in these proceedings and more importantly create a unique and
substantial opportunity to bring real customer choice to Ohio. The issues and
concerns raised by the Signatory Parties have been addressed in the substantive
provisions of this agreement, and reflect as a result of such discussions
compromises by all parties to achieve an overall reasonable solution. This
Stipulation is the product of the discussions and negotiations of the Signatory
Parties, and is not intended to reflect the views or proposals which any
individual party may have advanced acting unilaterally. Accordingly, this
agreement represents an accommodation of the diverse interests represented by
the Signatory Parties, and is entitled to careful consideration by the
Commission;
WHEREAS, this Stipulation and Recommendation represents a serious
compromise of complex issues and involves substantial benefits that would not
otherwise have been achievable; and
WHEREAS, the Signatory Parties believe that the agreements herein
represent a solution to the issues raised in these proceedings that is designed
to facilitate customer choice consistent with state policy as set forth in
Section 4928.02 of the Revised Code and in compliance with Chapter 4928's
determination of transition costs.
NOW, THEREFORE, the Signatory Parties stipulate, agree and recommend that
the Commission make the following findings and issue its Opinion and Order in
these proceedings in accordance with the following:
IV. GENERATION TRANSITION CHARGE
Neither Company will impose any lost revenue charges (generation
transition charges (GTC)) on any switching customer.
V. DISTRIBUTION RATE FREEZE
The Companies agree to freeze all distribution rates in effect on December
31, 2005 through December 31, 2007 for OPCO and through December 31, 2008 for
CSP. The Companies can file an application, prior to the December 31, 2007 and
December 31, 2008 dates to change their distribution rates. However, the new
rates will not become effective prior to those dates. After December 31, 2005
such frozen rates can be adjusted to reflect the cost of complying with changes
in environmental (distribution-related), tax and regulatory laws or regulations,
relief from storm damage expenses, or in the event of an emergency under Section
4909.16, R.C.
Further, the frozen distribution rate can be adjusted to reflect changes
in allocation of the transmission/distribution facilities under FERC's
seven-factor test. Such an adjustment will be made in a proceeding initiated by
the Companies to address only this adjustment
As part of the freeze, the amortization of regulatory asset deferrals
agreed upon in Paragraph VI will begin when new distribution rates go into
effect for each Company.
VI. REGULATORY ASSET TRANSITION CHARGE AND DEFERRAL OF CERTAIN REGULATORY
ASSETS
The Companies will recover their regulatory assets in accordance with
Attachment 1 hereto except as provided in Paragraphs VII, XVII and XVIII. In
accordance with the Staff Report and as reflected in the attached schedules: CSP
will absorb the first $20 million of actual Consumer Education, Customer Choice
Implementation and Transition Plan Filing Costs, and will be permitted to defer
the remainder of its actual cost for such activities (currently estimated to be
$40.6 million), plus a carrying charge, as regulatory assets for recovery as a
cost of service, by a rider, in future distribution rates. OPCO will absorb the
first $20 million of actual Consumer Education, Customer Choice Implementation
and Transition Plan Filing Costs, and will be permitted to defer the remainder
of its actual costs for such activities (currently estimated to be $45.5
million), plus a carrying charge, as regulatory assets for recovery as a cost of
service, by a rider, in future distribution rates. Determination of the costs to
be recovered, including the carrying charge, will be subject to review by the
Commission.
II. SHOPPING INCENTIVE
During the Market Development Period CSP will make available to the first
25% of residential class load that switches to a Competitive Retail Electric
Service (CRES) provider a shopping incentive of 2.5 mills/kWh. The unused
portion of the shopping incentive as measured at December 31, 2005 will be
credited by CSP to its regulatory transition cost (RTC) recovery for all
customers. For the entire Market Development Period, there will be no additional
shopping incentive for CSP and there will be no shopping incentive for OPCO.
VIII. TRANSMISSION MATTERS
From January 1, 2001 through the time at which American Electric Power
Service Corporation (AEP) as agent for the Companies transfers administration of
its Open Access Transmission Tariff (OATT) to a regional transmission
organization (RTO), AEP will provide two full-time equivalent positions in the
AEP System Control Center to assist transmission users with the processes of
reservations, scheduling and tagging. Further AEP will provide a mechanism to
account for partial MWHs when the load served by imports across AEP interfaces
does not result in whole MWHs.
AEP will file with the Federal Energy Regulatory Commission (FERC) a
proposed amendment to its OATT to extend rollover rights under Section 2.2 of
the OATT to retail customers or their supplier. AEP will request an effective
date of January 1, 2001 for the amendment. AEP shall actively work with the
Alliance, the MISO, PJM and other RTO/ISOs and transmission-level customers in
the area to develop and implement specific proposals to address reciprocity and
interface/seam issues. In the event a filing is not made by the Alliance to deal
with these issues by September 1, 2000, AEP shall cause a filing at the FERC to
be made which will deal with these issues as to their respective areas and
interfaces. AEP recognizes that resolution of these issues is critical to a
fully functioning retail market in Ohio and will endeavor to propose and resolve
issues as promptly as possible
AEP shall (by no later than December 15, 2001) transfer operational
control of their transmission facilities to an operating FERC-approved RTO.
The Companies will make available a fund of up to $10 million for costs
associated with transmission charges imposed by PJM and/or by the MISO, if the
MISO is fully operating on a single tariff, on generation originating in the
MISO or PJM as such cost may be incurred by:
1. Any supplier serving retail customers within their respective
service areas; or,
2. A customer or group of customers where the customer or group of
customers is securing and paying for the transmission service.
The transmission charges to be reimbursed will not include losses, redispatch
charges or other charges specifically impacting the transaction. Reimbursement
of such costs shall apply only until the AEP transmission system is within the
operational control of an operating FERC-approved RTO. If any governmental
agency invalidates or imposes conditions associated with this paragraph which
would materially affect the obligation imposed by this paragraph, the paragraph
will be deemed withdrawn from the Stipulation and Recommendation and the parties
agree to negotiate in good faith to restore the value of this paragraph.
IX. 5% RESIDENTIAL GENERATION REDUCTION
Each Company will refile the unbundled residential tariffs contained in
the Filing so as to reflect a 5% reduction in the generation component,
including the RTC component, and will not seek to reduce such 5% generation
component rate reduction for residential customers during the market development
period.
X. COMMERCIAL CUSTOMER RATE DESIGN
Each Company's tariffs and UNB-8 schedules should be revised, in the
manner shown in Attachment 2 hereto, in order to achieve a revenue neutral rate
design and to equalize the bill impacts within the Commercial class of
customers.
XI. TRANSITION PLANS
The transition plans of the Companies as filed on December 30, 1999, and
as supplemented and corrected through the date herein, will be approved, except
as specifically modified herein or as is necessary to update tariff provisions
to reflect the agreements made herein and the attachments hereto through a
compliance filing.
The Signatory Parties recognize that the OSP working group is engaged in
discussions to resolve and/or address the issues arising in that area. The
Signatory Parties agree to accept any resolution of such issues agreed to by the
working group participants and to incorporate any such changes in the Companies'
transition plans. The Companies agree to abide by the determinations of the
Commission as they may relate to OSP issues that are not resolved by the working
group participants. In doing so, the Companies are not waiving their rights to
seek judicial review of such determinations.
XII. CUSTOMER SWITCHING
Unless any agreed upon changes by the OSP working group are less
restrictive for customers than the terms of this Stipulation, the Companies
agree that during the market development period customers that take generation
services from the company during any part of May 16 through September 15 must
either: (1) remain a customer through April 15 of the following year before they
switch to another supplier (minimum stay) or (2) choose a market price based
tariff which has been filed with and approved by the Commission and which will
not be lower than the generation cost embedded in the standard offer (come and
go). Non-aggregated residential customers will be permitted to shop three times
during the market development period and to return two times to the default
tariff, before being required to choose from the minimum stay or come and go
tariff options described above.
XIII. NONDISCRIMINATORY ACCESS TO TRANSMISSION AND DISTRIBUTION SYSTEM
The Companies shall have the obligation to connect any retail customer
located within their service territories to their distribution facilities that
are used for delivery of retail electric energy, and to operate such facilities
in a manner that will reasonably allow for such customer to receive power supply
from the supplier of the customer's choice, subject to Commission Rules and
approved tariff provisions relating to connection of service.
Except as otherwise provided, the Companies shall provide distribution
service within their service territories on a basis which is just, reasonable,
and not unduly discriminatory to retail customers or suppliers of electric
energy, including suppliers of distributed generation. The distribution services
provided to each retail customer or supplier of electric energy shall be the
same in quality and price and subject to the same terms and conditions to those
services provided by the Companies to any similarly situated retail customer,
itself or any affiliate.
Prior to participation in a FERC-approved RTO:
a) the Companies and/or their affiliates will provide transmission
service for the delivery of all power, including transmission of
default service power and transmission of power for both affiliated
and nonaffiliated energy service providers, only under their
proforma transmission tariff;
b) the Companies and/or their affiliates will comply with the OASIS and
Standards of Conduct requirements promulgated by the Federal Energy
Regulatory Commission for the delivery of all power.
Nothing in this Paragraph XIII is intended to limit the Companies' right to
contend that matters related to transmission in interstate commerce are subject
to the exclusive jurisdiction of the Federal Energy Regulatory Commission.
The Companies will provide distribution service for the delivery of power,
including default service and service provided by any affiliated or
nonaffiliated supplier, only under the applicable distribution tariff.
XIV. CONSOLIDATED BILLING CREDIT
The Companies will provide a credit to CRES providers equal to $1.00 for
each consolidated bill issued by the provider during the first year of the
Market Development Period. The Companies and the marketing intervenors who are
Signatory Parties agree that they will negotiate in good faith to determine a
consolidated billing credit to be effective after the first year of the Market
Development Period. The Companies reserve the right to petition the Commission
at any time to set a consolidated billing credit which would supersede any
credit then in effect. AEP will apply reasonable efforts to implement supplier
consolidated billing as soon as practicable in keeping with the January 1, 2001
start date to competition.
XV. COMMERCIAL AND INDUSTRIAL CUSTOMERS' NOTICE TO SHOP
Notwithstanding any provision in the Companies' terms and conditions for
service to Commercial and Industrial class customers, such customers need to
provide only 90 days notice to the Companies of their intent to purchase
electricity from a CRES provider. Such customers may provide the 90 days notice
prior to January 1, 2001, so as to enable them to receive generation from a CRES
provider on or after the starting date for competitive retail electric service.
XVI. GROSS RECEIPTS TAX
The parties reserve for litigation the Companies' proposed gross receipts
tax rider. A procedural schedule will be set by the Commission for the filing of
testimony concerning this issue and for a hearing.
VII. ACCOUNTING
The Signatory Parties agree that the Companies' revenues from Regulatory
Transition Charges during the transition period (see Attachment 1) and from
existing frozen and unbundled rates recovered from customers of OPCO and CSP
during the market development period are sufficient to recover regulatory assets
as of the beginning of the market development period and to provide for
obligations that are required by this Stipulation.
The Signatory Parties agree that the Commission will direct OPCO and CSP
to amortize such regulatory assets during the market development period and
thereafter until such regulatory assets are fully amortized. In addition,
recorded regulatory assets as of the beginning of the market development period,
December 31, 2000, which exceed the amounts in Attachment 1 should be amortized
on a per kWh basis during the market development period and recovered through
existing frozen and unbundled rates.
The Signatory Parties recommend that the Commission consider the concerns
raised by the Companies with respect to potential violations of the
normalization rules in the Internal Revenue Code relating to amortization of
regulatory liabilities related to investment tax credits (ITC) and excess
deferred income taxes. Accordingly, the Parties recommend that the Opinion and
Order in this case reflect the following language: "The base rates in the market
development period embodied in this Opinion and Order include the amortization
of regulatory liabilities related to ITC no more rapidly than ratably, and the
amortization of 'excess deferred taxes' using the Average Rate Assumption Method
in order to avoid any potential normalization violations."
XVIII. OPCO RESIDENTIAL CUSTOMERS' RTC
For the period January 1, 2006 through December 31, 2007, the first 20% of
OPCO residential customer load that was on OPCO's standard service offer as of
December 31, 2005 which switches to a certified retail electric generation
service provider will not be charged the Regulatory Transition Charge during
that 2006-2007 two-year period. Customer load which remains on the Companies'
standard service offer under Section 4928.14(A) or (B), Ohio Rev. Code, does not
count as being load which switches to a certified retail electric generation
service provider
Should the agreement embodied in the preceding paragraph be rejected by
the Commission or determined to be unlawful by a court of competent
jurisdiction, the remainder of this Stipulation and Recommendation will remain
in effect.
XIX. LOAD SHAPING
The Companies and the marketing intervenors who are Signatory Parties
agree to negotiate in good faith concerning a load shaping service which might
be provided by the Companies. The Companies shall notify all such marketing
intervenors of the place, dates and times of such meetings.
XX. UNIVERSAL SERVICE FUND RIDERS AND ENERGY EFFICIENCY FUND RIDERS
The Companies state that the rates for the Universal Service Fund Riders
and the Energy Efficiency Fund Riders will be as determined by the Ohio
Department of Development and approved by the Commission.
XXI. CODE OF CONDUCT
The Cost Allocation Manual (CAM) must follow the Uniform System of
Accounts as well as GAAP.
The Companies agree that effective January 1, 2001, their distribution
affiliate companies will not provide competitive non-electric products or
services to retail customers on a commercial basis1; provided, however, that the
distribution affiliate companies are not precluded from a) fulfilling any
contractual obligations existing prior to January 1, 2001; or b) providing to
retail customers non-electric products or services which are incidental to the
provision of customer service and not on a commercial basis. The distribution
affiliate companies will not condition the provision of such incidental services
on the basis of the customer's choice of retail electric supplier.
Employees of the Companies' affiliates shall not have access to any
information about their transmission or distribution systems (e.g., system
operations, capability, price, curtailments, and ancillary services) that is not
contemporaneously and in the same form and manner available to a nonaffiliated
competitor of retail electric service.
The Signatory Parties agree that by executing the Stipulation and
Recommendation that accepts the Companies' corporate separation plan, the
marketer intervenors2 are not agreeing to the Companies' interpretation of the
Commission's rules on Code of Conduct, Section 4901:1-20-16(G)(4), Ohio Admin.
Code, and would recommend that the Commission recognize this in its Opinion and
Order. Further, the Signatory Parties agree that by adopting the Companies'
electric transition plans, the Companies' interpretation of the rules as set
forth therein will not have any precedential effect.
XXII. EFFECT OF STIPULATION
Nothing in this Stipulation shall be used or construed for any purpose to
imply, suggest or otherwise indicate that the results produced through the
compromise reflected herein represent fully the objectives of any Signatory
Party.
This Stipulation is submitted for purposes of this proceeding only, and is
not deemed binding in any other proceeding, except as expressly provided herein,
nor is it to be offered or relied upon in any other proceedings, except as
necessary to enforce the terms of this Stipulation. In fact, none of the
Signatory parties have submitted the entirety of the case they would have
otherwise filed or will file if this Stipulation is rejected. The agreement of
the Signatory Parties reflected in this document is expressly conditioned upon
its acceptance in its entirety and without alteration by the Commission. The
parties agree that if the Commission rejects all or any part of this
Stipulation, or otherwise materially modifies its terms, any adversely affected
party shall have the right, within thirty (30) business days of the Commission's
order, either to file an application for rehearing or to terminate and withdraw
from the Stipulation by filing a notice with the Commission. If an application
for rehearing is filed, and if the Commission does not, on rehearing, accept the
Stipulation without material modification, any party may terminate and withdraw
from the Stipulation by filing a notice with the Commission within ten (10)
business days of the Commission's order or entry on rehearing. In such an event,
a hearing shall go forward, and the parties shall be afforded the opportunity to
present evidence through witnesses, to cross-examine all witnesses, to present
rebuttal testimony, and to file briefs on all issues.
The Signatory Parties agree and intend to support the reasonableness of
this Stipulation before the Commission, and to cause their counsel to do the
same, and in any appeal from the Commission's adoption and/or enforcement of
this Stipulation.
IN WITNESS WHEREOF, this Stipulation and Recommendation has been agreed to
as of this 5th day of May, 2000. The undersigned parties respectfully request
the Commission to issue its Opinion and Order approving and adopting this
Stipulation
- ---------------------------------- ---------------------------------
Ohio Power Company Industrial Energy Users-Ohio
- ---------------------------------- ---------------------------------
Columbus Southern Power Company Ohio Consumers' Counsel
- ---------------------------------- ---------------------------------
Ohio Rural Electric Cooperative, Inc. and
Buckeye Power, Inc.
- --------
1 Examples of such products or services are customer-owned substation
design and construction, customer-owned equipment maintenance, customer-owned
distribution equipment service upgrades, power quality maintenance and
improvement and power systems and safety training.
2 Designated on the signature page as a "marketer intervenor."