PUC Affirms Jurisdiction Over Another FirstEnergy Solutions Polar Vortex Complaint Case

Citing the precedent established in the Power4Schools (click here for discussion), the Public Utilities Commission of Ohio denied a motion to dismiss from FirstEnergy Solutions concerning a complaint filed by the Lucas County Board of Commissioners regarding FES's imposition of the RTO expense surcharge for certain polar vortex ancillary service charges which the County argues are not permitted under its fixed price contract.

In denying FES's motion to dismiss, PUCO reiterated that, "This is not a matter of the Commission deciding matters of contract interpretation regarding Complainants' CRES contracts; rather, at issue is how the CRES provider is administering its contracts and the CRES provider's practices related to the contract disclosures."

PUCO set the matter for hearing