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<br />January 6,2009 <br />Page 2 <br /> <br />Model Ordinance as well as a reprint of a recent article from AMP-Ohio's update further <br />explaining the implications of FERC Order 719. For your information, we have also included <br />the APP A draft, which accomplishes the same end but in a slightly different format than that <br />used by many AMP-Ohio members. <br /> <br />Please keep in mind that time is of the essence for the adoption of an ordinance or <br />resolution to "opt-out" of many of the requirements ofFERC Order 719. It is possible that PJM <br />will start accepting bids from ACRs beginning February of 2009. Once bids of aggregated retail <br />customers are accepted by PJM, the (City/Village/Borough of 1 may not be able to <br />adopt an ordinance to retroactively prohibit those customers from participating in PJM's demand <br />response programs unless through your community's program. <br /> <br />If you would like a Word version of the Model Ordinance and have not already received <br />one via electronic mail, please contact Barbara Johnson at barb;ohnson(jiJ,cwslaw.com or 614- <br />334-6144. If you have any other questions or would like to discuss this issue further, please <br />contact me or Matt White, an attorney at Chester Willcox & Saxbe, at mwhite(iiJ,cwslaw.com or <br />614-334-6172. As a final note, thanks to Dave Grahn, the Napoleon Ohio Law Director, for <br />giving us a heads up on this issue from the APP A Legal conference. <br /> <br />Very truly yours, <br /> <br />John W. Bentine <br />General Counsel <br />American Municipal Power-Ohio, Inc. <br /> <br />JWB/MSW/bej <br /> <br />Attachments <br /> <br />cc: <br /> <br />(City/Village/Borough of <br />(Via Electronic Mail Only) <br /> <br />1 - AMP-Ohio Member Contact, w/attachments <br /> <br />ND: 4825-7939-9171. v. 4 <br />