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<br />Currently the American Public Power Association ("APP A") is appealing Order No. 719. <br />However, the appeal may not be successful. In order for municipal utilities to protect against the <br />ramifications of Order No. 719 as discussed above, the APP A and AMP-Ohio suggest that the <br />rulemaking bodies governing the municipalities' electric utility systems prohibit aggregation by <br />any entity other than the municipal utility. <br /> <br />Order No. 719 will become effective December 16, 2008. RTOs will then have 6 months to <br />make their compliance filings implementing the new regulations. This means that the RTOs <br />could start accepting ARC aggregation bids by mid-2009 or earlier. <br /> <br />The APP A has formed a committee to help draft model regulations that can be used by the <br />municipalities. Mark Yurick and Matthew White from Chester Willcox & Saxbe ("CWS") are <br />part of that drafting committee. The goal is to have modellegislationJregulations drafted before <br />the end of 2008 and distributed to AMP-Ohio's Members so that Members so inclined can <br />consider the same very early in 2009, before RTOs are required to accept aggregation bids from <br />ARCs. <br /> <br />ND: 4832-6529-5619. v. 5 <br /> <br />2 <br />