Update:  On September 4, 2012, IEU-Ohio filed a direct action to the Ohio Supreme Court, called a writ of prohibition.  Specifically, the complaint seeks to prohibit the PUCO from applying a cost-based ratemaking methodology to increase AEP-Ohio’s compensation for generation capacity service available to CRES providers.  Additionally, the complaint seeks an order prohibiting the PUCO from authorizing nonbypassable charges to recover amounts not collected from CRES providers for generation capacity service.

The PUCO must still rule on the pending applications for rehearing, including the OMAEG’s application, and the normal appellate process will still apply.  The writ is an extreme measure that has not historically been particularly successful.  We will provide updates as this case continues to develop.  In the meantime, we are still awaiting an entry on rehearing from the PUCO.