On August 3, 2011, FirstEnergy was granted its “force majeure” application to reduce its 2010 in-state solar requirement from 3,206 Solar Renewable Energy Credits (SRECs) to 1,629 SRECs by the Public Utilities Commission of Ohio (PUCO). The shortfall of 1,577 SRECs will be added onto FirstEnergy’s 2011 solar energy resource (SER) requirements.

On April 15, 2011, FirstEnergy filed an application for force majeure to reduce its SER benchmark from 3,206 SRECs to 1,629 SRECs, the amount it actually acquired in 2010. In its motion, FirstEnergy claimed that it attempted to procure SRECs through requests for proposals (RFPs), SREC brokers, and SREC auctions. Despite its good faith efforts, it only managed to obtain 1,629 SRECs, or 51% of its SER requirements. FirstEnergy cited a lack of supply of in-state SRECs being reasonably available in the market, as well as the impracticability of constructing solar facilities as reasons for its inability to reach its SER target. Further, FirstEnergy was recently approved to conduct an RFP to purchase SRECs through 10 year contracts. The RFP will be used to meet future compliance requirements including any shortfall in 2010 that will be incorporated into its 2011 benchmark.

The full order from the PUCO website can be found here: PUCO FirstEnergy Order.