Media Statement
Wednesday, October 1, 2025
AES-Ohio filed testimony yesterday at the Public Utilities Commission of Ohio (PUCO) seeking to keep nearly all of a $61 million owed to its consumers for significantly excessive profits. The Office of the Ohio Consumers’ Counsel (OCC) will continue fighting for the full refund, plus interest, after winning the issue at the Ohio Supreme Court.
In 2021, the PUCO ruled that although AES’s 2018 and 2019 electric security plan earnings were too high, the utility could keep the excess instead of refunding it. OCC appealed and the Supreme Court reversed, finding that once excessive profits are identified, they must be returned to consumers. The Court sent the case back to the PUCO to properly calculate the refund.
Despite that ruling, AES testimony filed on Monday calls for a refund of only $1.6 million– far short of the $61 million previously identified – and excludes any interest, even though AES has held onto the money for seven years. The utility’s testimony also rehashes arguments it already lost before both the PUCO and the Supreme Court.
OCC will file testimony on October 10, 2025, seeking a full $61 million refund with interest. The PUCO Staff testimony is due October 21, and the evidentiary hearing begins October 28.
Statement Attributable to Maureen Willis, Agency Director of the Office of the Ohio Consumers’ Counsel: “AES is trying to rob Ohio families twice – first by overcharging them, and now by fighting refunds even after the Supreme Court said the law requires them. Ohio families deserve every dollar back, with interest. OCC will fight until every penny is returned.” |
Key Links:
- Monday’s AES Testimony:
https://dis.puc.state.oh.us/DocumentRecord.aspx?DocID=2172ff15-d441-45c2-b8ab-4bdd98453938
https://dis.puc.state.oh.us/DocumentRecord.aspx?DocID=5faeec53-bb59-4a37-8437-3dfc5303a836 - PUCO Docket:
https://dis.puc.state.oh.us/CaseRecord.aspx?CaseNo=18-1875 - Court decision reversing PUCO as requested by OCC: https://www.supremecourt.ohio.gov/rod/docs/pdf/0/2025/2025-ohio-2953.pdf
- Court News overview of Supreme Court decision:https://www.courtnewsohio.gov/cases/2025/SCO/0822/211473.asp
- Video of oral arguments in the case:
https://ohiochannel.org/video/supreme-court-of-ohio-case-no-2021-1473-in-re-application-of-dayton-power-light-co - PUCO docket entry setting the schedule for the hearing on remand: https://dis.puc.state.oh.us/DocumentRecord.aspx?DocID=f38b6633-3964-4186-9216-b29047f1a29a
Additional links:
- Supreme Court Docket: 21-1473: https://www.supremecourt.ohio.gov/Clerk/ecms/#/caseinfo/2021/1473
- OCC’s First Merit Brief in 21-1473 explaining the appeal: https://www.supremecourt.ohio.gov/pdf_viewer/pdf_viewer.aspx?pdf=920376.pdf&subdirectory=2021-1473\DocketItems&source=DL_Clerk
The Office of the Ohio Consumers’ Counsel (OCC) is the state’s designated legal representative for Ohio’s residential consumers in matters related to their investor-owned utilities. Media contacts: https://www.occ.ohio.gov/media-contacts