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Contact: Ryan Lippe
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Ohio Consumers’ Counsel disappointed at dismissal of AEP rate case appeal, will continue to fight against increase

COLUMBUS, Ohio – October 29, 2009 – The Office of the Ohio Consumers' Counsel (OCC) will continue to advocate for residential consumers of American Electric Power (AEP) despite a decision today by the Supreme Court of Ohio. The Court dismissed an OCC appeal and a request to stop rate increases.

Both the OCC actions were dismissed at the request of the Public Utilities Commission of Ohio (PUCO) and AEP because the commission has not ruled on still-pending applications for reconsideration of its March 2009 decision to modify and approve AEP's rates.

In September, the OCC filed its appeal and a motion for the Court to stay the $63 million retroactive portion of the rate increase that was part of the March 2009 decision of the PUCO. That decision implemented new rates for AEP, with the rates charged to customers beginning April 1, 2009. The current requests for rehearing have languished before the PUCO for two months, prompting the OCC to ask, on Oct. 23, for the Court to direct the PUCO to issue a decision. That request remains pending at the Court.

As part of its March decision, the PUCO made the new, higher rates for AEP customers retroactive to Jan. 1, allowing the company to bill customers for 12 months worth of rate increases over nine months. The OCC has sought to protect AEP’s residential customers from several elements of the AEP rate plan which the agency believes are unlawful, including the retroactive rate increase.

“We are disappointed at the outcome, but will continue to take action to protect residential customers from rate increases we believe are unlawful,” Consumers’ Counsel Janine Migden-Ostrander said. “We have been fighting for months to get refunds we believe consumers are entitled to receive. We will likely file another appeal of the AEP rate plan after the PUCO issues another order on rehearing.”

About the Office of the Ohio Consumers' Counsel

The Office of the Ohio Consumers' Counsel (OCC), the residential utility consumer advocate, represents the interests of 4.5 million households in proceedings before state and federal regulators and in the courts. The state agency also educates consumers about electric, natural gas, telephone and water issues and resolves complaints from individuals. To receive utility information, brochures, schedule a presentation or file a utility complaint, residential consumers may call 1-877-PICKOCC (1-877-742-5622) toll free in Ohio or visit the OCC Web site at www.pickocc.org.