On September 4, 2014, the Commission issued an Entry denying the motions to intervene of OMA, the Industrial Customers, and the Navco companies.  The Commission stated that the particulars of the movants’ contracts with FirstEnergy Solutions (FES) were largely unknown, since they were not set forth in the motions to intervene or otherwise filed in the docket.  The Commission also found that the denial of the parties’ motions to intervene in the proceeding will not impair their rights to file their own complaints and prosecute them in the manner that they so choose.

As a corollary to this decision, OMA members who have recently been assessed an RTO Expense Surcharge by FES will be filing a formal complaint at the Commission in the very near future exploring many of the same topics at issue in the Power4Schools complaint case.  We will keep members apprised of developments in the OMA case as they occur.