FERC Requires Federal Review of FirstEnergy Bailout in Ohio

Advocates hopeful ruling signals end to “sweetheart deal,” bailout


Shannon Fisk, Earthjustice, (215) 327-9922

The Federal Energy Regulatory Commission (FERC) today granted a complaint filed by the Electric Power Supply Association to require federal review of the FirstEnergy bailout in Ohio. Specifically, FERC has held that the Affiliate Power Purchase Agreement (“PPA”) between FirstEnergy Solutions and its regulated Ohio utilities will have to be submitted for review under FERC’s affiliate transaction standards (known as the Edgar/Allegheny standards) before any sales could be made. Earthjustice, the non-profit law firm, has represented the Sierra Club in intervening in this complaint, and in the recent Ohio Public Utility Commission proceeding regarding the FirstEnergy bailout.

In response to the ruling, Earthjustice’s managing attorney Shannon Fisk issued the following statement:

“We are glad that FERC has placed a hold on the FirstEnergy bailout so that the careful review of the transaction between FirstEnergy Solutions and its regulated utility affiliates can occur under federal rules governing such transactions. There is a strong case that the transaction cannot survive such review, as the bailout represents little more than a sweetheart deal that would force captive customers to ensure the profits of FirstEnergy and its shareholders.”

Review the full order.

A coal elevator at a coal plant in Ohio.
A coal elevator at a coal plant in Ohio. (Jeremy Stump / CC BY-NC-ND 2.0)

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