Update:  On August 4, 2014, the Commission granted the joint motion of the Timken Company, Marathon Petroleum Company, Wausau Paper Towel and Tissue LLC, ASHTA Chemicals Inc., Columbus Castings, the Lincoln Electric Company, Delphi Corporation, and Landmark Plastic Corporation (collectively, Industrial Customers) and FirstEnergy Solutions (FES) for an extension of time to respond to the Industrial Customers’ motion to intervene and motion for interim and preliminary orders.  FirstEnergy Solutions response to these motions is now due on August 11, 2014.

On August 4, 2014, FES also filed an answer and a motion to dismiss for lack of subject matter jurisdiction arguing that the interpretation of a price term in the retail contracts between a CRES provider and its customers is left solely to the Ohio courts and, therefore, the Commission does not have jurisdiction.

FES also filed a memo contra to the Industrial Customers’ motion to intervene and their motion for interim and preliminary orders.  FES argues that the movants are not parties to the contracts at issue and have no relationship with the complainants and, therefore, have not met the requirements for intervention.  FES states that the motion for interim and preliminary orders must be denied as the Industrial Customers failed to support their motion with any authorizing statute or rule.

On August 4, 2014, Power4Schools (P4S) filed a memo contra to the Industrial Customers’ and OMA’s motion to intervene.  P4S argues that intervention should be denied because the interests in the proceeding are too speculative.  P4S also argues that the OMA and the Industrial Customers’ can institute their own complaints as the issue in this proceeding is based on specific contract language between P4S and FES.  OMA will file a reply in support of its motion to intervene on Monday, August 11.