An administrative judge at the Public Utilities Commission of Ohio on Wednesday set a new round of hearings to begin Jan. 14. An end date has not been set.
PUCO hearing examiner Megan Addison agreed with FirstEnergy's opponents that the company's latest proposed "settlement" in the case involves new issues that were not covered during a seven-week trial held earlier in the fall. FirstEnergy argued it had not raised any new issues requiring drawn out extra hearings.
Among the contested issues:
- The company's announced goal to reduce carbon dioxide emissions from its power plant fleet by at least 90 percent by 2045, compared to 2005 levels. Opponents say that is just a goal, not a guarantee.
- The company's commitment to bring back the customer energy efficiency programs it scrapped last year after lawmakers froze state energy efficiency mandates for two years. Opponents argue that without state verification and enforcement, the company's pledge means little.
But the biggest sticking point in the rate plan is the company's proposal to have the Illuminating Co., Ohio Edison and Toledo Edison buy all of the power that the Davis-Besse nuclear plant near Toledo and the W.H. Sammis coal-fired Ohio River plant generate -- at whatever it cost to make, plus a profit for FirstEnergy Solutions, the unregulated subsidiary that now owns the plants.
Originally, the company proposed the three local distribution utilities buy the power from the old plants for the next 15 years. The plan now is for an eight-year power purchase deal.
The company has explained that the two plants currently cannot compete with the cheap power available on wholesale markets, much of it generated by new natural gas-fired power plants but eventually gas-fired power will become more expensive. About half dozen new gas-fired plants have been permitted in Ohio and will add to that cheap power.
FirstEnergy argues that the price of natural gas will eventually rise, making Sammis and Davis-Besse competitive.
In the meantime, the company argues that the purchase agreements will cost customers a little over $400 million extra in the first three years but save them about $560 million over the eight-year plan because as natural gas prices rise, the power from Davis-Besse and Sammis will be relatively cheaper and customers will get a credit on their bills.
Opponents, including independent power companies, businesses, consumer and environmental groups, have argued that gas prices will remain low into the foreseeable future and that the roughly $3 billion FirstEnergy has spent refurbishing Davis-Besse and adding pollution controls to Sammis in recent years means the power they produce will remain expensive for years to come.
The Ohio Consumers' Counsel and the Northeast Ohio Public Energy Council, or NOPEC, contend the power purchase deal will cost customers and extra $3.9 billion over the next eight years.
FirstEnergy has been counting on the five voting members of the commission to approve the rate plan by Feb. 10 in order to give the company time to conduct wholesale power auctions to buy power. There is no statutory deadline for the commission to act.
But FirstEnergy's contracts with power suppliers now providing electricity to the Illuminating Co., Ohio Edison and Toledo Edison expire on May 31, 2016, and the company has been planning to hold several auctions.
Doug Colafella, FirstEnergy spokesman, said the company still hopes for a decision early next year.