Consumers’ Counsel seeks to continue FirstEnergy probe

News Editor
news@presspublications.com

The Ohio Consumers’ Counsel is asking the Public Utilities Commission of Ohio to reconsider its decision to postpone the commission’s four ongoing investigations into FirstEnergy’s Ohio utility companies and House Bill 6.
PUCO announced in August it would stay its investigations for six months after receiving a request from the U.S. Attorney for the Southern District of Ohio.
But in its application for a rehearing, the OCC argues that the PUCO decision, “unreasonably exceeded the scope of the U.S. Attorney’s request for a six-month stay of discovery.”
The OCC application says the PUCO should allow “certain investigatory activities” to continue that will not interfere with the U.S. Attorney’s criminal investigation.
In particular, the OCC is asking the commission to allow an independent audit of the utilities and a supplemental audit of FirstEnergy’s corporate separation proceeding to continue. Also, the OCC seeks PUCO permission to serve subpoenas in another case and then hold depositions once the stay is lifted.
The OCC also wants the PUCO to order FirstEnergy to preserve materials related to the proceedings.
“The PUCO erred when it failed to order FirstEnergy Corp. to preserve all documents and other records related to these proceedings until the stay has been lifted and the investigations have been completed, including any evidentiary hearings,” the OCC application says. “Such an order would have helped to prevent prejudice to parties during the stay on discovery. The PUCO did order the preservation of records by the FirstEnergy utilities but failed to make a corresponding order for FirstEnergy Corp. to preserve records.”
Gov. Mike DeWine signed legislation in 2021 that repealed parts of HB 6 that had been linked to a bribery and corruption scheme.
HB 128, the bill signed by Gov. DeWine, ended provisions of HB 6 that provided bailout funding for coal and nuclear plants. While HB 6 created the state’s Clean Energy Program, the subsidies for coal and nuclear plants were criticized by environmentalists and others.
The letter from the U.S. Attorney’s office to the PUCO notes that a trial for two persons who’ve been indicted in connection with the HB 6 scandal is scheduled to start in January 2023.
They are Larry Householder, former Republican Speaker of the Ohio House of Representatives, and Matt Borges, a lobbyist.
Three other persons and a corporate entity registered as a non-profit organization have also been indicted.
According to court documents, from March 2017 to March 2020, the enterprise of individuals received millions of dollars in exchange for their help in passing HB 6. They also allegedly worked to ensure HB 6 went into effect by helping defeat a ballot initiative that would have, if passed, overturned the bill. The enterprise received approximately $60 million into the non-profit organization from FirstEnergy companies.