Update:  On December 12, 2012, the PUCO denied applications for rehearing filed by IEU-Ohio, OCC, and FirstEnergy Solutions regarding its October 17, 2012 Order. Contrary to the procedural arguments advanced by these parties, the PUCO held that it retains authority to issue decisions regarding wholesale capacity rates, pursuant to R.C. Sections 4905.26, 4905.04, 4905.05 and 4905.06. These parties now have the opportunity to appeal this decision to the Supreme Court of Ohio. It is unlikely that an appeal regarding these procedural issues will be successful.