Update: In October 2016, the PUCO approved FE’s ESP IV to collect $204 million per year, for at least three years, starting January 1, 2017. OMAEG and many other intervenors filed applications for rehearing challenging the PUCO’s approval of FE’s credit support rider. Under Ohio law, the PUCO must either rule on applications for rehearing within 30 days or they will automatically be denied. Instead of substantively deciding the applications for rehearing within this time, the PUCO granted itself more time to consider the matter. The Office of the Ohio Consumers’ Counsel (OCC) filed an application for rehearing challenging the PUCO’s authority to grant itself more time arguing that the delay strips parties of their legal right to timely appeal the PUCO’s decision to the Supreme Court of Ohio. The PUCO rejected OCC’s claims and affirmed its authority to exceed thirty days to decide applications for rehearing. This issue is now ripe for appeal if OCC chooses to take it to the Supreme Court.
February 3, 2017, Volume 6, Issue 12
02/03/2017