The Public Utilities Commission of Ohio has opened a new docket - Case No. 11-5201-EL-RDR - to consider FirstEnergy Corp.’s compliance with the cost cap provisions under Ohio’s renewable portfolio standard. According to a recent Gongwer News Service Ohio report (subscription only), an initial investigation by PUCO Staff revealed that FirstEnergy triggered the cost cap because its generation costs while satisfying the RPS exceeded its generation costs absent the RPS requirements by at least 3 percent.

Under Ohio's RPS, a utility does not have to comply with a particular renewable energy benchmark to the extent the costs of compliance exceed the cost cap. While the PUCO has not provided its analysis, its conclusion matches that of FirstEnergy industrial customer Nucor Steel Marion, Inc., which has repeatedly argued in PUCO filings - see here and here - that FirstEnergy has triggered the RPS cost cap.