Update:  On August 7, 2013, the Commission issued an Opinion and Order disallowing FirstEnergy recovery in the amount of $43,362,796.50 and ordering FirstEnergy to credit that amount to its Alternative Energy Rider (AER).  Following the Opinion and Order, Interstate Gas Supply, Inc. (IGS), OCC, FirstEnergy, AEP-Ohio, and the Sierra Club, Environmental Law and Policy  Center, and the Ohio Environmental Council (collectively, “Environmental Groups”) filed applications for rehearing.  Direct Energy Services, LLC and Direct Energy Business, LLC filed a motion for leave to file an application for rehearing.  On September 18, 2013, the Commission granted the applications for rehearing filed by IGS, OCC, FirstEnergy, the Environmental Groups, and AEP-Ohio for further consideration.  The Commission denied Direct Energy’s motion for leave to file an application for rehearing.

On December 18, 2013, the Commission denied all applications for rehearing.  Accordingly, the August 7, 2013 Opinion and Order issued by the Commission stands and FirstEnergy is required to credit its AER in the amount of $43,362,796.50.

In response to the Commission’s decision, on December 18, 2013, FirstEnergy filed a Letter of Notification giving notice to the Commission of its intent to file an appeal of the Commission’s August 7, 2013 Opinion and Order and its December 18, 2013 Second Entry on Rehearing.  FirstEnergy will also file a Motion for Stay of the Commission’s orders.  FirstEnergy intends to file its notice of appeal on December 23, 2013.