This is embarrassing.

Here is the first sentence of a post on the Sierra Club’s Compass blog by Washington attorney Zach Fabish, who represented the Sierra Club in the Harrison PSC case:

On October 7, the West Virginia Public Service Commission issued an order requiring FirstEnergy to, among other things, double its energy efficiency target to one percent annually by 2018. [emphasis mine]

I’m surprised, because I thought Mr. Fabish negotiated the settlement with FirstEnergy to transfer the Harrison Power Station to my electric bill.

Here is what the settlement (Appendix A of the final order) actually says:

The Companies’ achievement of this target may either: (i) be independent of the current energy efficiency programs in place; or (ii) may incorporate energy savings achieved through the Companies’ existing energy efficiency programs to achieve a 1% cumulative gross savings in the 2017/18 delivery year based on the average of 2009 distribution sales and2013 distribution sales. [emphasis mine]

Mr. Fabish, 1% cumulative gross savings by 2018 is not “one percent annually by 2018.”

Was this an honest mistake, or another Sierra Club misrepresentation of the settlement?