September 26, 2014, Volume 3, Issue 210

09/26/2014

Update:  On September 22, 2014, FirstEnergy filed a notice of appeal with the Supreme Court of Ohio appealing the Commission’s decision on the following grounds:  (1) the Commission acted unreasonably and unlawfully and exceeded the scope of its authority in finding that the credit paid to customer generators for excess generation must include both energy and capacity components of an electric distribution utility’s Standard Supply Offer generation price; (2) the Commission acted unreasonably and unlawfully to effect a taking of the Companies’ property without just compensation when it failed to establish an explicit cost recovery mechanism associated with electric distribution utilities’ mandated credits to customer-generators for their excess generation; (3) the Commission acted unreasonably and unlawfully when it found that any size or any number of turbines, limited only by the size of a customer’s requirements for electricity, meets the statutory definition of a net metering system; and (4) the Commission acted unreasonably and unlawfully when it created a new rebuttable presumption that a customer-generator who generates up to 120% of its annual requirements for electricity intends primarily to offset part or all of its requirements for electricity.

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