Update: On June 21, 2012, the Commission denied the Consumer Advocates’ interlocutory appeal from the attorney examiner’s oral ruling on June 6, 2012, granting First Energy’s request to take administrative notice of specific portions of the record in ESP 2, and thereby incorporate by reference that record for purposes of ESP 3, which is currently before the Commission. The Commission’s legal director determined that the Consumer Advocates did not present a new or novel question of interpretation, law, or policy, or a departure from past precedent, as required. Initial briefs will be filed today with reply briefs due next week. It is likely that the Commission will issue a decision on this case on an expedited basis.
June 22, 2012, Volume 1, Issue 36
06/22/2012