Update: On April 27, 2015, Sierra Club filed a motion to compel discovery responses relating to the impact of the AEP ESP Order on FirstEnergy’s ESP application and a request for expedited consideration of the same.
On the same day, IGS Energy filed a memorandum contra Duke’s motion to quash IGS’s subpoena duces tecum seeking from Duke the 2011 forecast of future natural gas and electricity prices produced by witness Judah Rose. Mr. Rose developed the forecast utilized in the FirstEnergy ESP case and, as such, the accuracy of his 2011 forecast may have some bearing on his credibility and the efficacy of the testimony he has propounded in this case.
On May 1, 2015, the attorney examiner issued an entry denying the interlocutory appeal pending in the matter, but revising the procedural schedule to move the supplemental testimony deadline on the AEP Ohio Order factors for intervenors from May 4, 2015 to May 11, 2015. Consequently, the filing of supplemental testimony regarding the AEP Ohio Order factors is still due on May 4, 2015 for FirstEnergy; however, intervenor supplemental testimony (in response to that filed by FirstEnergy) is not due until May 11, 2015.