Now we will find out what FERC is going to do about PATH’s attempts to recover illegal costs from rate payers. Keryn Newman and Ali Haverty filed formal challenges to AEP/FirstEnergy’s claims for propaganda costs in 2009 and 2010. FERC has failed to rule on these challenges.
AEP/FirstEnergy’s lawyers have taken advantage of FERC’s inaction with illegal attempts to shut citizens and rate papers, including Keryn and Ali, out of the cost recovery challenge process, claiming they are not “interested parties” under FERC regulations. FERC has already denied this claim in a minor ruling, but they have not made a definitive ruling on the larger issue.
Now, that is all about to change. FERC has put the PATH challenges and the “interested party” issues on their agenda for the September 20 Commission meeting. Keryn has more about it here on StopPATH WV’s blog. The Commission does not necessarily hold a hearing or discussion of all the items on the meeting agenda, but the fact that the cases are on the agenda indicates that FERC is ready to issue decisions, probably right after the meeting on Thursday.
If you pay electric rates to any power company that is a member of PJM Interconnection, you should be watching this decision. It may save us all millions of dollars, and may make power companies a lot more cautious with our money in the future.