February 24, 2017, Volume 6, Issue 20

02/24/2017

Update: On December 5, 2016, OMAEG, in addition to other intervenors, filed applications for rehearing urging the PUCO to review its November 3, 2016 decision. In the 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, the Office of the Ohio Consumers’ Counsel (OCC) filed subsequent applications for rehearing in both cases, 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. Earlier this month, the PUCO rejected OCC’s claims in the PPA case and affirmed its authority to exceed thirty days to decide applications for rehearing. This week, the PUCO denied OCC’s claims in the ESP 3 case. This issue is now ripe for appeal if OCC chooses to take it to the Supreme Court.

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