Update:  On October 9, 2014, OCC filed a memorandum contra FirstEnergy’s request for a waiver of “any necessary” Commission rules, arguing that FirstEnergy neither adhered to the Commission’s filing requirements in its application, nor explained, in detail, why its application warrants a waiver.

Also on October 9, 2014, Sierra Club and the Environmental Law and Policy Center (ELPC) filed a memorandum contra FirstEnergy’s application for amendment of its portfolio plan, arguing that FirstEnergy’s application is inadequate because it omits key information about FirstEnergy’s proposed programs that is required under the applicable Commission rules for new portfolio plans.  Specifically, Sierra Club and ELPC contend that FirstEnergy’s application does not include the assessment of efficiency potential required for all technically feasible measures; it omits essential detail on cost recovery that is necessary to the Commission’s review, merely stating that it expects the cost of implementing the Amended Plan to be less than the costs of implementing the existing plan; it does not include a description of stakeholder participation in program planning efforts and program portfolio development; and it does not contain required information regarding the new programs that it proposes to add to its portfolio.  Sierra Club and ELPC also argue that FirstEnergy has not met its burden to demonstrate the need for a waiver of certain Commission rules.