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Ohio AG moves to block another $102M in FirstEnergy fees

First Energy
Posted at 9:03 PM, Jan 14, 2021
and last updated 2021-01-14 21:03:53-05

COLUMBUS — Ohio’s top lawyer asked a court Thursday to block FirstEnergy Corp. from collecting special fees from customers that were set up under a now-tainted nuclear bailout bill to allow the company to maintain record-high profits even if electricity sales dip.

Republican Attorney General Dave Yost filed his request in Franklin County Common Pleas Court, where a judge already has blocked feesthat House Bill 6 established for bailing out two nuclear power plants operated by a former FirstEnergy subsidiary, Energy Harbor.

The bill is at the center of a $60 million federal bribery probe that alleges Larry Householder, the state House speaker at the time, used the money to politically position and succeed at passing the bailout bill. Householder and four others charged have pleaded not guilty.

Yost said customers also should not have to pay the $102 million that FirstEnergy is set to collect in 2021 through a “perverse form a decoupling” that not only unlinked how much the company makes from how much electricity it sells but guaranteed it maintain the level of profits at record-high 2018 levels.

“First we had to stop the collection of the fee created to line the pockets of Energy Harbor and now we are trying to stop the guaranteed profits for FirstEnergy and inappropriate rate increases to Ohioans,” Yost said in a statement. “It’s time for the court to shut the HB6 piggybank down.”

FirstEnergy spokesperson Jennifer Young said the company is reviewing Yost’s filing and does not have any additional comment at this time.

Executives have argued the so-called rider that establishes the fees provides stability and certainty, something important to customers and markets.