Update: The PUCO found that FirstEnergy’s recently-filed tariffs were consistent with the decision approving, with modifications, the settlement on FirstEnergy’s fourth electric security plan. As approved, the tariffs may be implemented for rates effective June 1, 2016. OMA Energy Group argued that the tariff filing associated with Rider RRS was non-compliant because it reflected FirstEnergy’s new Rider RRS proposal, which has not received PUCO approval. The Northwest Ohio Aggregation Coalition (NOAC) and the Office of the Ohio Consumers’ Counsel (OCC) also filed objections to the Rider RRS tariff filing, asserting that it does not properly reflect the order of the Federal Energy Regulatory Commission which rescinded the prior waiver on affiliate sales restrictions granted to FirstEnergy and its unregulated generating affiliate. The Retail Electric Supply Association (RESA) objected to the implementation of changes to the non-bypassable transmission rider (Rider NMB) and the implementation of the Rider NMB opt-out pilot program. Despite the opposition directed against the tariff filings by OMA Energy Group, NOAC, OCC, and RESA, the PUCO approved the compliance tariff filings without even addressing these arguments in its order.

The PUCO also stayed discovery, on a limited basis, with respect to the new Rider RRS proposal. According to the PUCO, it will issue a future ruling either extending or terminating the stay. FirstEnergy argues that the stay is unwarranted and that discovery should be permitted to proceed.