Update: On December 5, 2016, OMAEG, the Office of the Ohio Consumers’ Counsel (OCC), in addition to other intervenors, filed applications for rehearing urging the PUCO to review its November 3, 2016 decision. In its applications for rehearing, OMAEG urged the PUCO to reverse its decision authorizing the OVEC-only PPA rider and increasing the Distribution Investment Rider (DIR) revenue caps by an additional $8.6 million. Although Ohio law requires the PUCO to decide applications for rehearing within 30 days, on January 4, 2017, the PUCO granted itself additional time to consider the applications for rehearing in both cases. In response, OCC filed a subsequent application for rehearing in the PPA case, challenging the PUCO’s authority to grant itself more time, arguing that the delay strips parties of their legal rights to timely appeal the PUCO’s decision to the Supreme Court of Ohio. The PUCO rejected OCC’s claims and affirmed its authority to exceed thirty days to decide applications for rehearing. This issue is now ripe for appeal if OCC chooses to take it to the Supreme Court. The OCC also filed an application for rehearing in the ESP 3 case on the same grounds as in the PPA case, which is pending.
February 10, 2017, Volume 6, Issue 13
02/10/2017