June 10, 2016, Volume 5, Issue 83

06/10/2016

Update: The PUCO directed that a hearing be held on July 11, 2016 to address the provisions of FirstEnergy’s new proposal to modify its Retail Rate Stability Rider (modified Rider RRS).  According to the ruling, parties will not be permitted to present evidence that pertains to other issues in the case.  The PUCO terminated the stay on discovery in anticipation of the forthcoming hearing.  OMAEG and others are challenging this ruling because it effectively permits FirstEnergy to modify its electric security plan (ESP) without following the requirements of the law.  Rather than permitting FirstEnergy to present its modified Rider RRS proposal on rehearing, the PUCO should have directed FirstEnergy to first withdraw its current ESP application, thereby terminating it, and file a new standard service offer that then must be approved by the PUCO, or continue its approved ESP with Rider RRS set at zero until a new ESP is approved.  Additionally, because FirstEnergy had the opportunity to present evidence on its modified Rider RRS during the original hearing, OMAEG argued that the PUCO erred by reopening the record to allow FirstEnergy to present new evidence.

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