July 1, 2016, Volume 5, Issue 96

07/01/2016

Update: The PUCO issued a short ruling stating that the applications for rehearing filed by the Office of the Ohio Consumers’ Counsel, the Northwest Ohio Aggregation Coalition, and the Retail Energy Supply Association warrant further consideration. OMA Energy Group also filed an application for rehearing, stating that the tariff filed by FirstEnergy that applies to its modified Rider RRS proposal does not correspond to the PUCO’s decision from March 31, 2016, which modified and approved FirstEnergy’s fourth electric security plan. The tariff filing is deficient because the PUCO has not authorized FirstEnergy to implement the modified Rider RRS proposal. OMA Energy Group’s application for rehearing has not been ruled on.

The PUCO denied a request filed by OMA Energy Group and others to continue the procedural schedule. In the view of the PUCO, adequate time has been afforded to prepare for the evidentiary hearing. The PUCO did, however, grant a request filed by OMA Energy Group and others which implored the PUCO to reconsider their argument contending that it was error to allow FirstEnergy to modify its electric security plan without first withdrawing and terminating the plan in accordance with the statutory process.

The PUCO granted OMA Energy Group’s motion to file the testimony of Thomas Lause out of time, finding that his testimony will contribute to the development of a full and complete record.

Staff filed testimony recommending that the PUCO deny the modified Rider RRS proposal because it does not preserve resource diversity in the state, does not protect Ohio’s local economies from harms associated with plant closures, and could interfere with FERC’s authority over the wholesale markets. In place of the modified Rider RRS proposal, Staff is instead recommending the creation of a Distribution Modernization Rider that would permit FirstEnergy to annually recover $131 million from customers over the next three years. One of the purposes of the Distribution Modernization Rider is to enable FirstEnergy’s parent company to maintain investment grade by the major credit rating agencies. Staff’s proposal is conditioned on FirstEnergy maintaining its corporate headquarters in Akron and on continuing the ownership structure of FirstEnergy and its subsidiaries.

OMA Energy Group and other opponents took the deposition of FirstEnergy’s lead witness who is supporting the modified Rider RRS proposal. The deposition occurred before Staff filed its testimony.

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