Update:  On April 10, 2015, Duke filed a motion to quash the third-party subpoena filed by IGS Energy seeking confidential material relating to witness Judah Rose’s testimony on behalf of Duke in a prior standard service offer case at the Commission.  Mr. Rose’s prior testimony is at issue because he is testifying on behalf of FirstEnergy in its current ESP case, and because his testimony pertains, in large part, to forecasted information.  IGS wishes to obtain his prior testimony in order to demonstrate error in previous forecasts on which he has testified.

Further, on April 13, 2015, FirstEnergy Solutions (FES) filed a motion to quash Sierra Club’s subpoena duces tecum, arguing that the requests contained therein are duplicative of the discovery which Sierra Club has already received or otherwise had the opportunity to obtain in the ESP case. FES also argues that several of the requests are beyond the scope of permissible discovery as limited in the March 23, 2015 entry.