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City Asks PUCO to Bar FES from Terminating Contract While Polar Vortex Dispute Pending
November 05,2014 The City of Toledo Ohio has asked the Public Utilities Commission of Ohio to issue a stay prohibiting FirstEnergy Solutions from terminating power to Toledo's accounts, and to issue an order staying collection of FES's polar vortex surcharge until a PUCO case investigating the charge is resolved. FES has sent Toledo a "RTO Expense Surcharge Invoice," in which FES states that if Toledo does not pay the surcharge amounts, which are past due, "you will be in breach of your Agreement for failure to pay amounts when due." "If full payment of the Past Due Amount is not received within 30 days, collections activity will be initiated," FES said in the invoice dated October 6 "In addition, if the account is active, your service with FirstEnergy Solutions will be cancelled - subject to the local distribution company rules and regulations - and returned to your utility's default service. You will continue to be responsible for paying for service delivered up to and including the effective termination date. You also will be obligated per the Agreement to pay all costs associated with early termination as a result of your default," the FES invoice states. Toledo said that it is in good faith disputing the polar vortex surcharge and alleged that, "FES has failed to arrange for Toledo's dispute to be resolved in violation of its Contract and basic principles of good faith and fair dealing."
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