Update: OMAEG filed a notice of appeal with the Supreme Court of Ohio challenging the PUCO’s Order and subsequent entries on rehearing regarding various issues in FirstEnergy’s ESP IV case, including::
- The PUCO erred in establishing the Retail Rate Stability Rider (Rider RRS) because Rider RRS does not meet the statutory requirements imposed by Ohio law and is contrary to state policy.
- The PUCO erred in finding that FirstEnergy’s Distribution Modernization Rider (Rider DMR) is authorized under Ohio law.
- The PUCO erred in failing to find that Rider DMR is an unlawful subsidy to FirstEnergy Corp.
- The PUCO erred in finding that Rider DMR advances state policy.
- The PUCO erred in approving the continuation and expansion of the Delivery Capital Recovery Rider (Rider DCR) in violation of PUCO precedent and Ohio law.
- The PUCO erred in establishing a Government Directives Rider (Rider GDR) in violation of PUCO precedent.
OMAEG’s full notice of appeal may be viewed here. The Sierra Club also filed a notice of appeal. OMAEG will submit briefs further laying out the merits of these arguments in the coming months.