Update:  This week, the attorney examiner issued an entry granting FirstEnergy’s motion for continuance.  The attorney examiner found that “in light of the pending confidentiality issues regarding the Exeter report before the [PUCO] that remains pending, as well as the holiday season, the modifications sought by FirstEnergy are reasonable.”  Accordingly, the new procedural schedule is as follows: 1) November 20, 2012 – prehearing conference to address any outstanding discovery issues; 2) January 23, 2013 – due date for FirstEnergy testimony; 3) January 31, 2013 – due date for intervenor testimony; and 4) February 19, 2013 – commencement of hearing date.  The new procedural schedule in this case will benefit OMAEG by allowing it to attempt to obtain access to the non-redacted version of the management/performance audit, which evaluates FirstEnergy’s questionable actions in procuring renewable energy credits.

The issues to be determined in this case are: 1) how the 3% cost cap should be calculated; and 2) whether FirstEnergy violated the 3% cost cap.  The prehearing conference on November 20, 2012 will provide insight as to how to proceed and develop strategy to advance the OMAEG’s interests.