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Pa. PUC Denies Rehearing On POR Clawback Charge
February 07,2020 The Pennsylvania PUC denied rehearing of its prior dismissal of a complaint from Response Power concerning the new POR clawback charge instituted at the FirstEnergy Pennsylvania EDCs Respond Power objected to the clawback charge mechanism's application to receivables related to service prior to adoption of the charge in a final order, alleging such application amounted to retroactive ratemaking The EDCs had said that the clawback charge is not retroactive just because the clawback screening process analyzes the track records of the EGSs to identify their mode of operation, product type and pricing policies and how these factors drive higher uncollectible account expense See background on the proceeding here In its original order, the PUC said that the clawback charges did not modify the terms of the prior POR programs but represented an authorized revision to the program that was approved in the EDCs' Default Service Order The PUC said in denying reconsideration that, "On consideration of Respond’s Petition and the arguments in support of reconsideration, we conclude that they neither raise new or novel arguments, nor call our attention to matters or considerations which we may have previously overlooked. Respond substantially restates the arguments and objections litigated in the underlying 2016 Complaints proceeding."
C-2016-2576287 et al.
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