As expected, FirstEnergy refiled its application to reduce its in-state solar requirement for 2010 (pdf required) under Ohio's renewable portfolio standard. FirstEnergy included its "force majeure" application in its annual status report of its overall RPS compliance. The company said that it satisfied the requirements for non-solar resources and solar resources procured from other states. However, FirstEnergy said that it was able to obtain just 1,629 of the required 3,206 in-state solar renewable energy credits ("SRECs") for 2010. The 51 percent compliance rate is a substantial increase over the 3 percent compliance rate for in-state SRECs in FirstEnergy's initial force majeure application, filed in late January. The company said it purchased the additional SRECs in 2009 for delivery this year--to meet its 2011 in-state solar requirements--but discovered that it could use the SRECs for its 2010 compliance efforts.

FirstEnergy withdrew its original force majeure application after PUCO staff filed comments concluding that FirstEnergy did not provide enough information to determine whether the utility fully explored all available options to meet the state's renewable requirements. The Commission has 90 days to determine whether to grant FirstEnergy's request.