Update: On August 15, 2012, the external auditor reports were filed with the PUCO, which evaluate whether or not FirstEnergy complied with the 3% cost cap mandate under Ohio law. Specifically, although each utility making sales to retail Ohio customers must ultimately achieve 12.5% of sales from renewable energy resources by 2025, the utilities are excused from the requirements if the reasonably expected cost of that compliance exceeds its reasonably expected cost of otherwise producing or acquiring the requisite electricity by 3% or more. The audits of FirstEnergy’s process of acquiring renewable energy credits (“RECs”) to achieve its goals found that, while FirstEnergy technically complied with Ohio law, FirstEnergy paid “unreasonably high prices” for RECs that it purchased from FirstEnergy Solutions (“FES”), its unregulated affiliate, in comparison to prices paid by other utility companies anywhere in the country. The expenses FirstEnergy incurred by overpaying for its RECs were passed on to customers through the alternative energy resource rider (“Rider AER”), in addition to interest payments. Accordingly, the audit reports recommend that the PUCO consider not allowing FirstEnergy to pass on the excessive costs to customers. The PUCO Staff also filed a 46-page, confidential final report regarding the audit reports. We are monitoring this case closely and will provide updates accordingly.
August 17, 2012, Volume 1, Issue 67
08/17/2012