FERC upheld an administrative law judge decision that FirstEnergy is responsible for reporting data related to Old Dominion Electric Cooperative load in Virginia (ER12-2399).

The dispute stems from ODEC’s purchase of the distribution facilities and service territory of Potomac Edison, a FirstEnergy subsidiary, in Virginia. FirstEnergy argued that it was no longer responsible for calculating and reporting data for Potomac Edison, such as total hourly energy obligation, peak load contribution and network service peak load, to PJM.

FERC, however, affirmed the judge’s finding that because ODEC did not purchase the transmission facilities of Potomac Edison, FirstEnergy was still responsible for reporting the data in the entire Allegheny Power System zone, which encompasses parts of Pennsylvania, Maryland, West Virginia and Virginia. “As the initial decision found, requiring ODEC to perform the metrics would result in unduly discriminatory treatment of ODEC when compared to other wholesale LSEs in the APS zone,” the commission said.

–Michael Brooks