Energy Legal Filings

Citizen Power Comments filed March 10, 2013 in PA PUC Case P-2012-2301664 regarding Duquesne Light’s Revised Market Enhancement Program Design and Cost-Recovery Proposal which unreasonably caps the share of the customer application fee that electric generation supplies at $30, which could result in additional costs for default supply customers.

Joint Comments filed March 7, 2013 in PUCO Case 12-2190-EL-POR by Citizen Power, Ohio Environmental Council, the Environmental Law and Policy Center, and the Sierra Club in response to an inappropriate letter sent by FirstEnergy to the PUC Commission regarding contested issues in an ongoing case.

Joint Petition for Partial Settlement filed January 28, 2013 in PA PUC Case M-2012-2334399 by the Office of Consumer Advocate, the Coalition for Affordable Utility Services and Energy Efficiency in Pennsylvania, the Community Action Association of Pennsylvania, Citizen Power, Comverge, and Duquesne Light Company regarding Duquesne Light’s Phase II EE&C Plan.

Citizen Power Comments filed January 23, 2013 to the U.S. Department of Energy regarding their LNG Study and the associated documents Effect of Increased Natural Gas Exports on Domestic Energy Markets and Macroeconomic Impacts of Increased LNG Exports from the United States. Citizen Power detailed flaws in the LNG Study and determined that it is not in the public interest to authorize the exportation of LNG from the lower-48 states to non-free trade agreement countries.

Citizen Power Reply Exceptions filed December 17, 2012 in PA PUC Case P-2012-2301664 concerning Exceptions filed by the Retail Energy Supply Association about the Recommended Decisions of the ALJ regarding Duquesne Light’s Default Service Petition.

Joint Memorandum in Response filed December 11, 2012 in PUCO Case 12-2190-EL-POR by Citizen Power, Ohio Environmental Council, and the Sierra Club in response to FirstEnergy’s request to extend the current Energy Efficiency and Peak Demand Reduction Program Portfolio Plan.

Citizen Power Comments filed December 10, 2012 in PA PUC Case I-2011-2237952 in response to a November 8, 2012 Tentative Order regarding Pennsylvania’s retail electric market.

Citizen Power Petition to Intervene filed December 7, 2012 in PA PUC Case M-2012-2334399 in response to Duquesne Light’s Petition requesting the Commission to approve their Phase II EE&C Plan.

Joint Reply Brief filed November 30, 2012 in PUCO Case 12-2190-EL-POR by Citizen Power, NRDC, and the Sierra Club regarding FirstEnergy’s 2013-2015 Energy Efficiency and Peak Demand Reduction Program Portfolio Plan.

Joint Initial Brief filed November 20, 2012 in PUCO Case 12-2190-EL-POR by Citizen Power, NRDC, and the Sierra Club regarding FirstEnergy’s 2013-2015 Energy Efficiency and Peak Demand Reduction Program Portfolio Plan, which was deficient in several respects.

Citizen Power Comments filed November 19, 2012 in PUCO Case 12-2157-EL-ORD regarding the adoption of green pricing programs to implement AM Sub SB 315.

Joint Comments filed November 2, 2012 in PUCO Case 12-665-EL-UNC by Citizen Power and the Sierra Club concerning the verification of energy efficiency and peak demand reduction achieved by electric distribution utilities.

Citizen Power Reply Brief filed October 22, 2012 in PA PUC Case P-2012-2301664 opposing the Main Brief of the Retail Energy Supply Association in their assertion that 3 month periods for default service auctions are prudent as well as their belief that the costs of market enhancements should be borne by default service customers.

Citizen Power Main Brief filed October 5, 2012 in PA PUC Case P-2012-2301664 regarding the correct customer participation cap for a retail opt-in program proposed under Duquesne Light’s Default Service Petition, as well as requested modifications to other aspects of the Petition.

Citizen Power Prehearing Memo filed September 14, 2012 in PA PUC Case M-2009-2123948 regarding Duquesne Light’s Final Smart Meter Technology Procurement and Installation Plan.

Joint Application for Rehearing filed August 17, 2012 in PUCO Case 12-1230-EL-SSO by Citizen Power and the Ohio Consumers’ Counsel in response to the July 18, 2012 Order which approved a stipulation that raised FirstEnergy electricity rates.
Answer to Duquesne Light’s Petition for Approval of its Smart Meter Technology Procurement and Installation Plan filed on July 23, 2012 in PA PUC Case M-2009-2123948 by Citizen Power.

Joint Reply Brief filed June 29, 2012 in PUCO Case 12-1230-EL-SSO by Citizen Power and the Ohio Consumers’ Counsel opposing the implementation of FirstEnergy’s ESP Plan.

Citizen Power Comments filed June 29, 2012 in PA PUC Case M-2012-2300653 concerning the Total Resource Cost Test and the interpretation of the incremental cost of early replacement measures.

Citizen Power Comments filed June 26, 2012 in PA PUC Case M-2012-2289411 requesting that the Pennsylvania Public Utility Commission convene a working group to investigate the ways that Pennsylvania’s EE&C programs could be implemented in order to maximize participation in PJM’s Base Residual Auctions.

Joint Brief filed June 22, 2012 in PUCO Case 12-1230-EL-SSO by Citizen Power and the Ohio Consumers’ Counsel opposing the implementation of FirstEnergy’s ESP Plan.

Citizen Power Petition to Intervene filed June 1, 2012 in PA PUC Case P-2012-2301664 regarding the Petition of the Duquesne Light Company for Approval of a Default Service Plan for the period from June 1, 2013 through May 31, 2015.

Citizen Power Comments filed May 30, 2012 in PA PUC Case M-2012-2293611 regarding the implementation of Act 11 of 2012 which allows utilities to petition for a distribution system improvement charge. Specifically, Citizen Power advocated for a requirement that utilities submit a cost benefit analysis indicating the expected benefits in terms of reliability improvements.

Citizen Power Comments filed April 17, 2012 in PA PUC Case M-2012-2289411 concerning Phase Two of Pennsylvania’s Act 129 EE&C Program specifically advocating for the retention of the low-income carve-out.

Joint Comments filed April 10, 2012 in PUCO Case 12-814-EL-UNC regarding potential strategies to mitigate expected price increases in the PJM capacity market as a result of the closing of FirstEnergy generation facilities.

Citizen Power Comments filed January 17, 2012 in PA PUC Case I-2011-2237952 in response to a December 16, 2011 Tentative Order regarding Pennsylvania’s retail electric market.

1-30-11 Citizen Power Comments filed November 30, 2011 in the U.S. Environmental Protection Agency’s Case EPA-HQ-OAR-2010-0505 concerning proposed Oil and Natural Gas Air Pollution Standards which amended the new source performance standards and the national emission standards for hazardous air pollutants as they apply to the Oil and Natural Gas sector. Specifically, Citizen Power recommended standards which would have required third party verification was well as stringent estimations of VOC emissions from produced water ponds.

Citizen Power Comments filed November 3, 2011 in PA PUC Case I-2011-2237952 regarding proposed changes to the structure of Pennsylvania’s retail electric market.

Citizen Power Comments filed October 6, 2011 in PUCO Case 11-4624-AU-ORD concerning the composition of the fuel source advisory council.

Joint Motion for Waiver and Comments filed September 14, 2011 in PUCO Case 11-4627-EL-WVR regarding the annual deadline for the filing of Ohio utilities energy efficiency portfolio status reports.

Citizen Power Comments filed September 12, 2011 in PA PUC Case M-2011-2249441 concerning the definition of “customer generators” as used in Act 213’s net metering provisions.

Joint Petition for Reconsideration filed August 1, 2011 in PUCO Case P-2010-2195426 by Citizen Power and the Pennsylvania Cement and Steel Manufacturers Coalition in response to the Commission’s Order denying our petition requesting a review of the potential over-collection of stranded costs and a corresponding refund of the over-collections to consumers.

Joint Application for Rehearing filed July 8, 2011 in PUCO Case 09-951-EL-EEC by Citizen Power, the Office of the Ohio Consumers’ Counsel, the Ohio Environmental Council, and NRDC regarding the Finding and Order of PUCO allowing FirstEnergy to count inappropriate Distribution and Transmission projects toward their EE&C and PDR benchmarks.

Joint Comments filed June 27, 2011 in PUCO Case 11-2479-EL-ACP by Citizen Power and the Office of the Ohio Consumers’ Counsel opposing the Application of FirstEnergy for a Force Majeure determination regarding SREC benchmarks in 2010.

Citizen Power Motion to Intervene filed June 6, 2011 in PUCO Case 11-2479-EL-ACP which concerns the Application of FirstEnergy for a Force Majeure determination regarding SREC benchmarks in 2010.

Joint Motion for Protective Order filed June 2, 2011 in PUCO Case 10-3023-EL-EEC by Citizen Power, the Office of the Ohio Consumers’ Counsel, and the NRDC regarding the filing of confidential information in a case concerning the application of FirstEnergy’s 2010 transmission and distribution projects toward their EE&C benchmarks.

Joint Motion for Hearing filed June 2, 2011 in PUCO Case 10-3023-EL-EEC by Citizen Power, the Office of the Ohio Consumers’ Counsel, and the NRDC regarding an Application of FirstEnergy to count certain transmission and distribution projects toward their 2010 EE&C benchmarks.

Joint Reply Comments filed May 2, 2011 in PUCO Case 11-776-AU-ORD by Citizen Power, the Office of the Ohio Consumers’ Counsel, Advocates for Basic Legal Equality, and the Ohio Poverty Law Center concerning the Commissions’ review of the Chapters of the Ohio Administrative Code relating to the Rules of Practice and Procedure, Commission Meetings, Complaint Proceedings, and Utility Tariffs and Underground Protection.

Joint Comments filed April 1, 2011 in PUCO Case 11-776-AU-ORD by Citizen Power, the Office of the Ohio Consumers’ Counsel, Advocates for Basic Legal Equality, and the Ohio Poverty Law Center concerning the Commissions’ review of the Chapters of the Ohio Administrative Code relating to the Rules of Practice and Procedure, Commission Meetings, Complaint Proceedings, and Utility Tariffs and Underground Protection.

Joint Comments filed February 11, 2011 in PUCO Case 10-3126-EL-UNC concerning alternative distribution financing methods that remove the “throughput incentive”. Specifically, since current distribution financing is based on a per kwh structure, distribution utilities have an incentive to increase sales/usage instead of promoting conservation. Alternative financing structures can eliminate this incentive.

Citizen Power Exceptions to the Initial Decision of Administrative Law Judges Wayne L. Weismandel and Mary D. Long filed on January 10, 2011 in PA PUC Case A-2010-2176520 regarding the Joint Application of West Penn Power Company and FirstEnergy to allow a merger between the two companies.

Citizen Power Reply Comments filed January 6, 2011 in PA Case M-00051865 regarding the updating of the Technical Reference Manual.

Citizen Power Motion to  Intervene filed December 30, 2010 in PUCO Case 10-3023-EL-EEC concerning the application of FirstEnergy’s 2010 transmission and distribution projects toward their EE&C benchmarks.

Citizen Power Comments filed December 23, 2010 in PA PUC Case M-00051865 regarding the Technical Reference Manual’s use of the demand coincidence factor to determine the amount of demand savings from certain efficiency measures.

Citizen Power Reply Brief filed on November 15, 2010 in PA PUC Case A-2010-2176520 opposing the merger of West Penn Power and FirstEnergy.

Joint Reply Comments filed on November 15, 2010 in PUCO Case 09-512-GE-UNC by Citizen Power, the Office of the Ohio Consumers’ Counsel, Citizens’ Coalition, Sierra Club of Ohio, NRDC, and the Ohio Environmental Council regarding the Draft Technical Reference Manual for protocols for the measurement and verification of energy efficiency and peak demand reduction measures.

Joint Reply Comments filed on November 15, 2010 in PUCO Case 09-512-GE-UNC by Citizen Power, the Office of the Ohio Consumers’ Counsel, Citizens’ Coalition, Sierra Club of Ohio, NRDC, the Ohio Poverty Law Center, and the Ohio Environmental Council regarding the Draft Technical Reference Manual for protocols for the measurement and verification of energy efficiency and peak demand reduction measures.

Joint Reply Comments filed on November 9, 2010 in PUCO Case 09-1940-EL-REN by The Ohio Consumer and Environmental Advocates regarding the application of Ohio Revised Code 4928.65 to the FirstEnergy Solutions R.E. Burger Units 4 & 5.

Citizen Power Main Brief filed on November 3, 2010 in PA PUC Case A-2010-2176520 opposing the merger of West Penn Power and FirstEnergy.

Joint Stipulation filed November 3, 2010 in PUCO Case 10-1265-EL-UNC by Citizen Power, FirstEnergy, Ohio Partners for Affordable Energy, and the Staff of the Public Utilities Commission of Ohio stating that FirstEnergy’s 2009 returns on equity fell within the statutory “safe harbor” and were not significantly excessive.

Joint Reply filed November 1, 2010 in PUCO Case P-2010-2195426 by Citizen Power and the Pennsylvania Cement and Steel Manufacturers Coalition in response to the Answers of Duquesne Light, The Energy Association of Pennsylvania, UGI Utilities Inc, PPL Electric Utilities Corporation, West Penn Power Company d/b/a Allegheny Power, PECO Energy Company, Metropolitan Edison Company, Pennsylvania Electric Company, and Pennsylvania Power Company on the Pleadings concerning our petition’s request for a review of the potential over-collection of stranded costs and a corresponding refund of the over-collections to consumers.

Joint Answer filed November 1, 2010 in PUCO Case P-2010-2195426 by Citizen Power and the Pennsylvania Cement and Steel Manufacturers Coalition in response to PPL’s Motion on the Pleadings concerning our petition’s request for a review of the potential over-collection of stranded costs and a corresponding refund of the over-collections to consumers.

Joint Comments filed October 12, 2010 in PUCO Case 09-1940-EL-REN by The Ohio Consumer and Environmental Advocates concerning the unconstitutional and impractical application of Ohio Revised Code 4928.65 to the FirstEnergy Solutions R.E. Burger Units 4 & 5.

Joint Application for Rehearing filed September 24, 2010 in PUCO Case 10-388-EL-SSO by Citizen Power, the Office of the Ohio Consumers’ Counsel, and NRDC in response to the August 25, 2010 Order which approved a modified settlement for the provision of electricity in the FirstEnergy Ohio service territories.

Citizen Power Prehearing Memorandum filed September 23, 2010 in PA PUC Case R-2010-2179522 by Citizen Power in response to Proposed Supplement 35 to Duquesne Light Company’s Tariff Electric No. 24 which would significant impact residential distribution rates and could discourage energy conservation.

Petition to Intervene September 21, 2010 in PA PUC Case R-2010-2179522 by Citizen Power in response to Proposed Supplement 35 to Duquesne Light Company’s Tariff Electric No. 24 which would significantly impact residential distribution rates.

Joint Petition for a Declaratory Order filed August 24, 2010 in PA PUC Case P-2010-2195426 by Citizen Power and the Pennsylvania Cement and Steel Manufacturers Coalition requesting a review of the potential over-collection of stranded costs and a corresponding refund of the over-collections to consumers.

Joint Memorandum Contra Application for Rehearing filed August 9, 2010 in PUCO Case 09-786-EL-UNC by Citizen Power, the Office of the Ohio Consumers’ Counsel, the Ohio Energy Group, the Ohio Hospital Association, and the Ohio Manufacturers’ Association in opposition to the position of FirstEnergy that nothing in R.C. 4928.143 allows the Commission to test for excessive earnings by comparing them with prior rate plans.

Joint Memorandum Contra Application for Rehearing filed August 5, 2010 in PUCO Case 09-786-EL-UNC by Citizen Power, the Office of the Ohio Consumers’ Counsel, the Ohio Energy Group, the Ohio Hospital Association, and the Ohio Manufacturers’ Association in opposition to the position of Duke Energy that nothing in R.C. 4928.143 allows the Commission to test for excessive earnings by comparing them with prior rate plans.

Joint Application for Rehearing filed August 4, 2010 in PUCO Case 09-786-EL-UNC by Citizen Power, the Office of the Ohio Consumers’ Counsel, the Ohio Energy Group, the Ohio Hospital Association, and the Ohio Manufacturers’ Association concerning the PUCO’s Entry which granted a delay in the application of the significantly excessive earnings test as well as not including interest in any refunds due consumers.

Joint Application for Rehearing filed July 30, 2010 in PUCO Case 09-786-EL-UNC by Citizen Power, the Office of the Ohio Consumers’ Counsel, the Ohio Energy Group, the Ohio Hospital Association, and the Ohio Manufacturers’ Association concerning the PUCO’s Finding and Order which failed to properly address the treatment of off-system sales vis-à-vis the significantly excessive earnings test.

Joint Supplemental Brief filed July 1, 2010 in PUCO Case 10-388-EL-SSO by Citizen Power, the Office of the Ohio Consumers’ Counsel, Citizen’s Coalition, and NRDC in opposition to the Supplemental Stipulation in the FirstEnergy Standard Service Offer Case.

Joint Reply to FirstEnergy’s Memorandum Contra Motion to Dismiss filed June 21, 2010 in PUCO Case 09-951-EL-EEC by Citizen Power, the Office of the Ohio Consumers’ Counsel, NRDC, and the Ohio Environmental Council regarding FirstEnergy’s Application to count certain distribution and transmission projects toward their energy efficiency benchmarks.

Citizen Power Prehearing Memorandum filed June 15, 2010 in PA PUC Case A-2010-2176520 regarding the Petition of Allegheny Power and FirstEnergy for a Certificate of Public Convenience in order to merge the two companies.

Citizen Power Petition to Intervene filed June 14, 2010 by Citizen Power in PA PUC Case A-2010-2176520 regarding the Petition of Allegheny Power and FirstEnergy for a Certificate of Public Convenience in order to merge the two companies.

Citizen Power Comments filed May 29, 2010 in PA PUC Case L-2009-2095604 regarding the development of a statewide model for default electric service.

Joint Motion to Dismiss filed May 28, 2010 in PUCO Case 09-951-EL-EEC by Citizen Power, the Office of the Ohio Consumers’ Counsel, the NRDC, and the Ohio Environmental Council regarding FirstEnergy’s Application to count certain distribution and transmission projects toward their energy efficiency benchmarks.

Citizen Power Petition to Intervene filed May 17, 2010 in PUCO Case 10-499-EL-ACP by Citizen Power regarding FirstEnergy’s Alternative Energy Portfolio status report and 2009 annual compliance review.

Joint Brief filed April 30, 2010 in PUCO Case 10-388-EL-SSO by Citizen Power, the Office of the Ohio Consumers’ Counsel, Citizen’s Coalition, and NRDC arguing that the review process in FirstEnergy’s Standard Service Offer was improper and that settlement is not in the best interest of consumers as required by law.

Joint Application for Rehearing filed April 19, 2010 in PUCO Case 10-388-EL-SSO by Citizen Power, the Office of the Ohio Consumers’ Counsel, Citizens Coalition, Environmental Law & Policy Center, NRDC, Northeast Ohio Public Energy Council, Northwest Ohio Aggregation Coalition, and the Ohio Environmental Council in response to the April 6, 2010 Entry issued by the Public Utilities Commission of Ohio which provided that they would take administrative notice of the record in FirstEnergy’s pending market rate offer Case and granted certain Motion for Waivers filed by FirstEnergy.

Joint Reply Brief filed April 12, 2010 in PUCO Case 09-1947-EL-POR by Citizen Power, the Office of the Ohio Consumers’ Counsel, NRDC, and Citizens Coalition regarding deficiencies in FirstEnergy’s Energy Efficiency and Peak Demand Reduction Program Portfolio.

Joint Response filed April 1, 2010 in PECO Case 09-786-EL-UNC by the Office of Ohio Consumers’ Counsel, the Ohio Manufacturers’ Association, the Ohio Hospital Association, the Ohio Energy Group, and Citizen Power regarding questions posed by the Commission about the development of a significantly excessive earnings test.

Citizen Power Petition to Intervene filed March 30, 2010 in PUCO Case 09-1820-EL-ATA concerning FirstEnergy’s Smart Grid Modernization Initiative.

Joint Interlocutory Appeal filed March 29, 2010 in PUCO Case 10-388-EL-SSO by Citizen Power, the Office of the Ohio Consumers’ Counsel, Citizens Coalition, NRDC, and the Ohio Environmental Council requesting that the Public Utility Commission modify the Attorney Examiner’s Entry which allowed for a unreasonably short procedural schedule in the FirstEnergy Electric Security Plan Case.

Joint Post-Hearing Brief filed March 29, 2010 in PUCO Case 09-1947-EL-POR by Citizen Power, the Office of the Ohio Consumers’ Counsel, NRDC, and Citizens Coalition regarding deficiencies in FirstEnergy’s Energy Efficiency and Peak Demand Reduction Program Portfolio.

Joint Memorandum Contra FirstEnergy’s Motion filed March 26, 2010 in PUCO Case 10-388-EL-SSO by Citizen Power, Office of the Ohio Consumers’ Counsel, Citizen’s Coalition, NRDC, Northwest Ohio Aggregation Coalition, Northeast Ohio Public Energy Council and the Ohio Environmental Council.

Citizen Power Exceptions to the Initial Decision of ALJ Meehan filed February 17, 2010 regarding the allocation of costs stemming from Duquesne Light’s Smart Meter Technology Procurement and Installation Plan.

Citizen Power Reply Comments filed January 20, 2010 in PUCO Case 09-1920-EL-ATA concerning FirstEnergy’s Smart Grid Modernization Initiative.

Joint Reply Brief filed January 15, 2010 in PUCO Case 09-906-EL-SSO by Citizen Power, the Office of the Ohio Consumers’ Counsel, the Citizens Coalition, and the NRDC regarding FirstEnergy’s proposal to hold an auction to supply default electric service.

Joint Reply Comments filed on January 11, 2010 by the Office of Ohio Consumers’ Counsel, the Ohio Manufacturers’ Association, the Ohio Hospital Association, the Ohio Energy Group, and Citizen Power regarding the development of a significantly excessive earnings test for utilities pursuant to Senate Bill 221.

Joint Post-Hearing Brief filed January 8, 2010 in PUCO Case 09-906-EL-SSO by Citizen Power, the Office of the Ohio Consumers’ Counsel, the Citizens Coalition, and the NRDC regarding FirstEnergy’s proposal to hold an auction to supply default electric service.

Comments on The DQE-FE Generation Exchange filed on June 7, 1999 at the PA PUC (Docket No. A-110150-F0020) on the plan for Duquesne Light Company (PA) and FirstEnergy (Ohio) to exchange ownership of generation plants. Duquesne took ownership of three old coal plants that it later sold in an auction. Duquesne gave its share of ownership in the Perry 1 and Beaver Valley 1&2 nuclear units to FirstEnergy. The PUC approved the exchange without a formal investigation.

Jurisdiction Petition filed on February 11, 1999 at FERC (Docket No. EL99-40-00) requesting FERC to assert its jurisdiction under the Federal Power Act over generation asset dispositions.

DQE Auction Complaint filed at FERC on February 11, 1999 (Docket No. El-39-99) in connection with Duquesne Light Company’s plan to auction its generation plants.

Comments on DQE Auction filed on November 9, 1998 at the PA PUC (Docket No. R-974104) in connection with Duquesne Light Company’s plan to sell all of its generating plants. The PUC approved the generation auction without a formal investigation. Duquesne sold all of its plants to Orion Power for $1.7 billion, or exactly what it claimed it had in “stranded costs”. The sale will enable the transition charge to be dropped from Duquesne customer bills in March 2002.

DQE-APS Merger Comments filed at the Federal Energy Regulatory Commission (FERC) on June 22, 1998 (Docket No. EC97-46-000) on information filed by Duquesne Light Company and Allegheny Power in connection with their application to merge.

Duquesne Light Restructuring Main Brief filed at the Pennsylvania Public Utility Commission (PA PUC), February 2, 1998 in the Duquesne Light Company Restructuring case, (Docket No. R-974104).