Update:  On October 25, 2012, John Seryak of Go Sustainable Energy, LLC, consultant to the OMAEG, testified in FirstEnergy EE/PDR case about the insufficient aspects of FirstEnergy’s EE/PDR Portfolio Plan.  The hearing commenced on Monday and should conclude today unless FirstEnergy decides to submit rebuttal testimony in order to further support its proposal.  As expected, the majority of the case has involved FirstEnergy and the environmentalists adamantly opposing each other.  FirstEnergy’s position is that it is complying with the law and will continue to do only the bare minimum in order to meet its benchmarks, while the environmentalists believe that FirstEnergy should embrace energy efficiency like other utilities have.

Also, FirstEnergy is discussing a settlement option with its management and intends to soon present the parties with a settlement proposal.  Regardless, the attorney examiners will issue deadlines for briefs, and then the PUCO will issue a decision.  Once we have a response from FirstEnergy regarding the possibility of a settlement, we will advise whether the proposal is sufficient and whether the OMAEG should sign on or continue the litigation process by filing a brief.