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Utility Said to Reimburse Industrial Customers for Already Paid FirstEnergy Solutions RTO Surcharge, Will Drop Surcharge from Consolidated Bills

September 15, 2014

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Copyright 2010-14 EnergyChoiceMatters.com
Reporting by Karen Abbott • kabbott@energychoicematters.com

An Ohio utility has told a group of industrial customers that it intends to reimburse them for charges paid on utility consolidated bills related to FirstEnergy Solutions' RTO Expense Surcharge, and will cease billing amounts related to the charge on utility consolidated bills, the industrial customers disclosed in a complaint regarding FES's surcharge filed at the Public Utilities Commission of Ohio.

The group of industrial customers included Carbo Forge, Inc., Wyandot, Inc., Plaskolite, Inc., American Trim, LLC, Whirlpool Corporation, McWane, Inc., Navistar, Inc., Sauder Woodworking Co., McDonald Steel Corporation, Henny Penny Corporation, Lima Refining Company, Campbell Soup Supply Company, LLC, Cooper Tire & Rubber Company, Mantaline Corporation, Republic Steel, Jay Industries, Inc., Sun Chemical Corporation, and 3M Company. The group has filed yet another complaint against FES regarding the RTO Expense Surcharge, which FES has attempted to levy in order to recover higher ancillary service costs from this winter.

The industrial customers informed PUCO that an EDU, "has recently communicated that it intends to reimburse any amounts that have previously been paid by Complainants toward the RTO Expense Surcharge, or eliminate the charges from Complainants' consolidated bills, thereby requiring FES to bill all affected Complainants for the RTO Expense Surcharge directly."

The industrial customers did not identify which utility had informed them of this course of action.

The industrial customers noted that they have not yet witnessed the implementation of this practice by the EDU, and noted that this practice has not been proposed by the other Ohio EDUs.

The industrial customers made the disclosure in a motion for PUCO to order FES and the Ohio EDUs to not disconnect or otherwise terminate service to any of the complainants throughout the pendency of the complaint proceeding for reasons associated with the nonpayment of amounts in dispute between FES and the complainants regarding the RTO Expense Surcharge.

The customers are concerned about the potential for termination of service, despite a lodged dispute about payment, because they alleged that FES has informed them that, "invoice disputes under the [Customer Supply] Agreement must be made in good faith" under Paragraph 18 of the Customer Supply Agreement, and further alleged that FES has informed them that each complainant's, "good faith ability to dispute the RTO Expense Surcharge is questionable."

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