Update:  This week, the OMAEG participated in a prehearing conference at the PUCO regarding discovery disputes between numerous parties and FirstEnergy. Recall that the discovery disputes centered around access to the non-redacted version of the Exeter audit report, which we believe will confirm that FirstEnergy purchased the majority of its renewable energy credits from its affiliate, FirstEnergy Solutions, at a rate of 10-15 times market price.

The attorney examiner issued an entry granting in part, and denying in part, OCC’s motion to compel. The entry requires FirstEnergy to enter into a mutual agreement with parties that request access to the non-redacted version. Full disclosure of the non-redacted version of the audit report is in the OMAEG’s best interest and we will seek access to the report by entering into a protective agreement with FirstEnergy, similar to what other parties will do. OMAEG counsel is developing options and recommendations regarding litigation positions and will provide that information soon.