Update: Recall that the PUCO denied the applications for rehearing filed by OCC and Environmental Law and Policy Center (ELPC) and Ohio Environmental Council (OEC), and granted in part and denied in part the applications for rehearing filed by FirstEnergy, lEU-Ohio, and Nucor.  Specifically, the PUCO denied rehearing on the basis that its requirement that the Companies bid 75% percent of planned energy efficiency resources into the PJM BRA is just and reasonable.  The PUCO also directed FirstEnergy to implement a pilot program which would enable FirstEnergy to receive 20% profit from any revenue obtained from bidding energy efficiency and demand response resources into the PJM auctions, while the remaining 80% to be credited to ratepayers to offset the costs of energy efficiency and peak demand reduction programs. Finally, the PUCO granted Nucor’s application for rehearing on the issue regarding the proper methodology to calculate the peak demand reduction benefit for interruptible load under Rider ELR and directed FirstEnergy to use the definition of curtailable load in Rider ELR rather than the amount of Rider ELR interruptible load the Companies choose to register with PJM.

Applications for rehearing were filed by OCC and ELPC.  The EMC Development Company (“EMC”) filed a motion for leave to file an application for rehearing along with an application for rehearing.

On September 11, 2013, the PUCO issued the third entry on rehearing denying EMC’s request for leave to file an application for rehearing due to EMC’s untimely filing and failure to show just cause.  The PUCO granted the applications for rehearing filed by OCC and ELPC for further consideration of the issues specified in the applications for rehearing.  This technique of granting the applications for rehearing is used by the PUCO in order to give it an indefinite amount of time to issue a substantive order.  We will continue to monitor this case and will provide updates accordingly.