Update:  On April 5, 2013, the Ohio Energy Group (“OEG”) filed an “Application for Clarification” regarding the bidding of energy efficiency resources into the PJM base residual auction (“BRA”).  In its “Application for Clarification,” OEG states that it is unclear what 75% of “planned energy efficiency resources” means with respect to the PUCO’s recent entry which directs FirstEnergy to bid this amount into the PJM BRA.

An “Application for Clarification” does not exist under Ohio law with respect to PUCO proceedings, and OEG has indicated that its intent is for this to serve as OEG’s application for appeal.  Therefore, this attempt will probably not stop FirstEnergy’s actions in the event that FirstEnergy does undermine the bidding process as many speculate.

As provided in the previous weekly update, there are no legal procedures to force FirstEnergy’s hand because of the timing of its appeal rights vis-à-vis the PJM bid deadline.  Depending upon FirstEnergy’s actions, this issue/dilemma will probably be debated as part of Sen. Seitz’s bill (S.B. 58).