Update: On July 22, 2015, the Commission issued an Entry which denied the interlocutory appeals of FirstEnergy and Duke and affirmed the attorney examiners’ denial of the motion to quash IGS’s subpoena. IGS’s subpoena sought testimony offered in a 2011 Duke case by witness Judah Rose, who is a witness for FirstEnergy in the current ESP case, and was a witness for Duke in the aforementioned 2011 case. IGS previously contended, and the Commission agreed, that witness Rose’s testimony in the 2011 Duke case may lead to admissible evidence in the instant FirstEnergy ESP case, such as evidence reflecting whether the methodology used by witness Rose to project market prices is reliable or whether Mr. Rose consistently applies the same methodology. The Commission also found that witness Rose’s testimony in the 2011 Duke case may lead to admissible evidence regarding the sensitivity of the future market price projections to the assumptions provided to witness Rose by the utility sponsoring his testimony.

In light of its ruling, the Commission also denied Duke’s motion for a stay and ordered Duke to comply with IGS’s subpoena immediately.