Update: OMAEG filed its merit brief in the Supreme Court of Ohio this week challenging the PUCO’s approval of a stipulation authorizing AEP Ohio to flow the net effects of the Ohio Valley Electric Corporation Power Purchase Agreement (OVEC PPA) through the placeholder PPA rider established in AEP’s ESP III case.
In its merit brief, OMAEG argued that the OVEC-only PPA approved in this proceeding was identical to the PPA Rider AEP proposed, and the PUCO rejected, in the ESP III case. OMAEG also argued that the stipulation the PUCO approved failed to benefit ratepayers and was not in the public interest in violation of Ohio law and the PUCO’s rules. OMAEG highlighted the mass of evidence that contradicted the PUCO’s conclusion of how much benefit the OVEC-only PPA would provide and how it was not necessary to maintain reliability, support supply diversity, was not a financial hedge, and did not provide rate stability. OMAEG requested the Court to reverse the PUCO’s decision and find the OVEC-only PPA Rider to be unlawful. The PUCO and AEP have until September 14, 2017 to file their merit briefs.