Update: On October 6, 2014, Complainants filed a memorandum contra FirstEnergy Solutions’ (FES) motion to dismiss their Complaint, which concerned FES’ impermissible assessment of the RTO Expense Surcharge on Complainants’ June/July 2014 bills. Complainants argued in the memorandum contra, among other things, that the Commission has exclusive jurisdiction over the issues at the heart of their complaint and, accordingly, FES’ motion to dismiss the complaint on the grounds that the Commission has no jurisdiction over the matter should be denied.
FES also filed its answer to the complaint on October 6, 2014.