In re Application of Ohio Edison Co.Annotate this Case
The Supreme Court reversed the judgment of the Public Utilities Commission approving the portfolio plans submitted by Ohio Edison Company, the Cleveland Electric Illuminating Company, and the Toledo Edison Company (collectively, FirstEnergy) but with a modification to include a "cost cap," holding that the Commission lacked authority to impose a cost-recovery cap in this case.
In 2016, FirstEnergy submitted an application for approval of their portfolio plans for 2017 through 2019. The commission approved the plans but with a modification to include an annual cap on FirstEnergy's recovery of costs incurred in implementing certain programs not to exceed four percent of its reported 2015 total revenues. FirstEnergy and environmental groups appealed, challenging the cost cap. The Supreme Court reversed and remanded for further consideration, holding that the Commission acted unlawfully by including that four percent cost cap.