Update: As reported last week, a PUCO attorney examiner ruled (on July 25th) to allow Ormet a second chance to convince the PUCO to grant emergency relief. This week, the PUCO again refused Ormet’s request, leaving the case on the docket for decision but refusing to act on an emergency basis. By entry issued July 31, 2013, the Commission denied Ormet’s interlocutory appeal finding that “the proper course of action is for Ormet to apply to the Commission for approval of a reasonable arrangement with AEP-Ohio, and for the Commission to proceed, in accordance with Section 4905.31, Revised Code, and Rule 4901:1-38-05(B), O.A.C.” The PUCO also granted the motions to intervene filed by OMAEG, AEP-Ohio, and the Ohio Hospital Association.
Immediately after the PUCO ruling, Ormet filed another motion requesting expedited review, this time seeking approval of its request to defer August and September 2013 payments to AEP-Ohio (and any other payments due before the PUCO decides Ormet’s Motion). Ormet states that it must immediately shutdown half of its existing operations on August 1, 2013, and needs immediate relief from the AEP-Ohio payments due in August and September, 2013 so that it may continue to operate even on a limited basis. Ormet alleges that expedited treatment is appropriate because the proposed deferrals reflect only a minor change to the unique arrangement and do not impose additional costs upon the rate payers. Ormet agrees to pay the deferred invoices within five business days of the closing of the sale to Smelter Acquisition.
In the meantime, Ormet must file testimony in support of its request by August 6, 2013, and intervening parties must file intervenor testimony by August 16, 2013. The evidentiary hearing will then commence on August 27, 2013. Counsel will continue to monitor this case and will alert OMAEG members of any developments.
