Ohio Consumers' Counsel fights FirstEnergy bid to block testimony in scandal hearing

COLUMBUS, Ohio - The Office of the Ohio Consumers' Counsel is opposing what it says are FirstEnergy Corp.'s efforts to prevent testimony in ongoing consumer investigations before state utility regulators, arguing the company is attempting to obscure details of the House Bill 6 bribery scandal.
The OCC filed a pleading Tuesday with the Public Utilities Commission of Ohio (PUCO), challenging FirstEnergy's motions to block witnesses, including former PUCO Commissioner Ashley Brown and OCC Analyst Joseph Perez.
The PUCO investigations were initiated largely at the OCC's request. FirstEnergy contends that Brown's testimony is either irrelevant or improper. The utility also seeks to exclude parts of Perez's testimony, which recommends a $28.3 million reduction in rates due to deferred tax liabilities owed to consumers.
Brown's testimony aims to provide insight into FirstEnergy's use of Ohio's regulations, which the OCC says contributed to the HB 6 bribery scheme. His review includes an assessment of the company's distribution modernization rider and its distribution investment rider.
The OCC's filing emphasizes that the testimony is crucial for consumer protection and holding FirstEnergy accountable. The Ohio Manufacturers' Association has also opposed FirstEnergy's motions to block its expert witness, John Seryak.
"FirstEnergy is trying to obscure details about the HB 6 scandal," Maureen Willis, Ohio Consumers’ Counsel and Agency Director of the OCC, said in a statement. "Their latest attempt to block testimony from the OCC and others in the PUCO investigations should be rejected. The PUCO has said it will 'follow the facts wherever they lead' — now is the time to show those were not empty words.”
The OCC reiterated its commitment to revealing the full details of the HB 6 scandal and advocating for consumer interests.
FirstEnergy, which admitted to unlawful crimes in a deferred prosecution agreement following the HB 6 scandal, had publicly stated a focus on compliance and ethics. However, the OCC's motion argues FirstEnergy is now attempting to stop the current investigations and limit relevant testimony.
"The FirstEnergy Utilities would like nothing more than to close down these investigations," excerpts from the OCC’s motion state. "They have been unsuccessful in doing so. The second-best alternative is to make these investigatory hearings worthless by limiting relevant and compelling testimony. The PUCO should see through the ruse."
Ohio House Bill 6 (HB 6) was a controversial energy bill passed in 2019 that became the center of the largest bribery scandal in Ohio history. The legislation provided more than $1 billion in subsidies to nuclear power plants and two coal-fired plants, funded by surcharges on consumer utility bills. Federal prosecutors alleged that FirstEnergy Corp. funneled millions of dollars through dark money groups to secure the bill's passage and subsequent defense. Several individuals, including the former Ohio House speaker, were convicted in connection with the scheme. The bill was largely repealed in 2021.
The current PUCO investigations are among four separate pending inquiries related to FirstEnergy and the passage of HB 6.