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PUC Denies Utilities' Recommendations To, By Rule, Limit Scope Of Rate Case Issues (Retail Suppliers Had Objected To Utilities' Proposal)
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The PUC of Ohio, in adopting modified rules governing the PUC's processes and procedures, including in rate cases, denied a utility proposal to limit issues which may be raised by intervenors in rate cases
Specifically, PUCO denied a proposal from the FirstEnergy Ohio EDCs to limit the objections that inervenors may raise to the required PUCO Staff report on the rate case. The Retail Energy Supply Association had opposed the FirstEnergy utilities' proposal
The FirstEnergy EDCs had proposed to require that objections to the PUCO Staff rate case report, "must address the report’s review and analysis of the facts set
forth in the application for an increase in rates and the exhibits attached thereto,
and the matters connected therewith."
The FirstEnergy EDCs had also proposed that, "Parties may not raise objections related
to items, or the report’s failure to address items, regarding matters not put in
issue by the applicant or not related to the rates which are the subject of the
application."
The Retail Energy Supply Association had said that the FirstEnergy Ohio utilities' proposal to limit the nature of objections to the Staff report conflicts with statute as well as state Supreme Court precedent, the latter of which permits objections to the Staff report to be either addressing matters, "put in issue by the applicant", or, "related to the rates which are the
subject of the application."
PUCO rejected the FirstEnergy Ohio utilities' proposal as, "unnecessary at this time."
In addressing other procedural rules, PUCO denied objections raised by retail suppliers concerning previously issued draft rules
Notably, PUCO approved an amendment to Ohio Adm.Code 4901-1-11(E) to provide that, in a general rate case, motions to intervene shall be filed within 90 days after the Commission finds the application to be complete.
Retail suppliers, among other parties, had objected to this deadline because the intervention deadline would occur prior to the issuance of the required Staff report in a rate case. Parties noted that recommendations first issued by Staff in such Staff report, which are not contained in a utility's original rate application, may necessitate intervention of parties to protect their interests
However, PUCO said that the accelerated deadline for rate cases recently adopted in statute necessitates the modified, accelerated intervention deadline
PUCO said that, "parties who
do not meet the [accelerated intervention] deadline can be granted intervention for good cause shown."
PUCO also adopted new Ohio Adm.Code 4901-1-27(B)(7)(f) which institutes a one-hour per-party per-witness limit for cross-examination in general rate cases, unless otherwise ordered for good cause.
Retail suppliers had been among the parties opposed to such time limit, expressing concern that opposing counsel or witnesses may slow walk or otherwise impede cross examinations to use up the allotted time
PUCO said that, "The concerns of gamesmanship and
overburdensome objections cutting into a party’s allotted cross-examination time are
recognized by the Commission, but we find that due process is not negatively affected."
PUCO stressed that the time for a party's cross, "can be extended at the
discretion of the ALJ to remedy any potential abuses."
While PUCO has adopted final rule language, the rules, under the customary process, remain subject to review by the Joint Committee on Agency Rule Review. PUCO's order provides that the final rules shall be effective on the earliest date permitted by law.
Case 25-695-AU-ORD
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August 20, 2026
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Copyright 2026 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com
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