Update:  On August 19, 2014, OMA filed a memo contra to FirstEnergy’s motion to dismiss.  OMA argues that the Commission has jurisdiction over the claims asserted in this proceeding as the claims deal with alleged violations of Chapter 4928 of the Ohio Revised Code.  OMA also dispels FirstEnergy’s argument that this is a breach of contract claim that must be heard in front of Ohio courts.  OMA states that this proceeding is not solely based on breach of contract but also requires a determination of whether certain actions taken by FirstEnergy are lawful under the Commission’s regulatory scheme.  Power4Schools also filed a memo contra to the motion to dismiss.

On August 20, 2014, OMA filed a reply to FirstEnergy’s memo contra to OMA’s motion to intervene.  While FirstEnergy attempts to apply standards other than those required for intervention, OMA reiterates that this was a motion to intervene and that OMA met the statutory requirements for intervention.