When Will FERC Decide 3 Year Old Case?
The Ohio Consumers’ Counsel (OCC) works to keep Ohio electricity rates reasonable and fair. Part of their job includes filing complaints with regulators over rates and policies they deem unfair. However, one complaint over a power line case has gone undecided for about three years. Since that time, the project cost to Ohio electric customers has grown to over $10 billion. So, now the OCC is asking federal officials to decide on the case.
The OCC $10 Billion Complaint
Back in September, 2023, the OCC filed a complaint (docket EL23-105) with the Federal Energy Regulatory Commission (FERC). At that time, the case involved costs to consumers for local power line projects costing over $6.5 billion. The regional grid operator, PJM Interconnection, identified these as “supplemental projects”.
In its filing, the OCC argues that FERC’s Order No. 890 states that grid operators have responsibilities for both regional and local transmission planning processes. Yet the OCC points out that PJM reviews the need for and cost effectiveness only for regional power lines. PJM will only review a local project if it affects regional power line costs and needs. The OCC also argues that PJM assumes that state regulators protect consumer interests for the need, prudence and cost of power lines. But at the time, the state had no way to assure Ohio consumers of just and fair rates from local power line projects below 100,000 volts (100 kV).
As a result, local power line projects in Ohio avoid a cost effectiveness review. So, their cost and their need by the utility are fixed in place before local stakeholders have their say.
Why Does This OCC Complaint Matter?
All of this means that Ohio electric customers see higher costs on their bills without any regulator’s input. Therefore, the OCC is asking the FERC to:
- Review and approve local power line projects during the planning stage.
- Appoint an independent monitor for projects as they proceed.
- Consider barring Ohio utilities from using formula transmission rates to recover project costs.
But, the FERC has not acted on the complaint since its filing filed three years ago. Meanwhile, AEP Ohio, FirstEnergy, Duke Energy and AES have applied for a combined $4.3 billion in local power line projects. Altogether, the amount in the original case has grown to a $10 billion case.
So, on August 27, 2026, the OCC asked the FERC to rule on its case. But during the past three years, new rules may change the case’s outcome.
Next Steps For Ohio Energy Customers
At the time the case was filed, the Ohio Power Siting Board (OPSB) oversaw power lines rated above 100 kV (100,000 volts). Most of the local projects the OCC complaint covers are under this limit or are rebuilds of existing lines that OPSB rules did not cover.
On May 15, 2025, Governor DeWine signed House Bill 15 into law. One of its key parts changed the OPSB’s role to include 60 kV transmission lines. It also requires that rebuilding or replacing of such power line sections over 1 mile are classed as major utility construction projects.
The new law went into effect in August, 2025. So, with new OPSB rules still evolving, it’s unclear how FERC will decide on the case. Either way, it’s likely that Ohio utilities can no longer expect their grid upgrades to avoid some kind of review. All the same, the OCC will keep pushing for a process that could lower Ohio energy bills.
As this is a developing story, be sure to check back for tips and news that could affect your bills. In the meantime, you can shop for cheap electricity rates right here at https://www.ohenergyratings.com.