FES: Pass-Through Contract Language Dispute A Matter for Courts, Not PUC
June 06,2014
FirstEnergy Solutions has submitted an answer and objection to a petition from a declaratory order from the Pennsylvania Office of Small Business Advocate, in which OSBA asks the PUC to rule that FES cannot use certain pass-through clause contractual language to pass-through the costs of certain ancillaries, due to the nature of the language and charges at issue.
"The Commission [PA PUC] does not have subject matter jurisdiction to decide disputes concerning private contractual matters between licensed EGSs and their customers. These matters are properly heard by the civil courts of common pleas," FES said.
"The Commission lacks subject matter jurisdiction to decide private contractual disputes between EGSs and their customers, or interpret the terms and conditions of private contracts," FES said.
"The Commission has no jurisdiction to decide disputes arising from contracts between a licensed EGS and non-jurisdictional third parties," FES said.
