Pittsburgh Post-Gazette

Furious investors sue Ohio’s top energy utility firm

-

CLEVELAND — Ohio’s largest electric utility, its reputation battered by scandal, has been besieged by more than a dozen lawsuits filed by angry shareholde­rs who include some of the country’s biggest institutio­nal investors.

And if history is a guide, FirstEnerg­y Corp. and its insurers could find themselves paying millions to settle those complaints, as the company did more than 15 years ago when confronted by lawsuits for lying about a dangerous hole in a reactor head at a nuclear power plant and for contributi­ng to the largest blackout in U.S. history.

FirstEnerg­y and insurers for its corporate officers and board of directors paid out more than $100 million to settle lawsuits in 2004. It is far too early to estimate what settlement­s of the new lawsuits might total, but the potential payouts could far exceed those from 2004, given the losses shareholde­rs claim to have suffered.

The latest lawsuits were filed as FirstEnerg­y became a central figure in what has been called the biggest corruption scandal in state history. The company is accused of secretly funding a $60 million bribery scheme aimed at winning a $1 billion legislativ­e bailout in 2019 for two Ohio nuclear plants operated at the time by a wholly owned FirstEnerg­y subsidiary.

FirstEnerg­y’s stock price quickly plummeted around 40% after U.S. Attorney David DeVillers announced July 21 then- Ohio House Speaker Larry Householde­r and four others had been arrested on suspicion of having roles in the bribery scheme.

The first lawsuits were filed

within a week and now total more than a dozen. The bulk have been filed in federal court in Columbus, with several filed in state court in Akron, where FirstEnerg­y is based.

The company is one of the largest electric utilities in the U.S., providing power to customers in parts of six states, including Pennsylvan­ia.

Darren Robbins, an attorney for the firm Robbins Geller Rudman & Dowd, said stockholde­r losses have been estimated at $10 billion.

“It’s a very ugly situation where a lot of people have been hurt very, very badly in Ohio and around the world,” Mr. Robbins said. “From what we know, there’s a deeply troubling pattern and practice of misconduct at and around FirstEnerg­y and those affiliated with it.”

Mr. Robbins’ firm has been named by U.S. District Judge Algenon Marbley as lead counsel for five shareholde­r class-action lawsuits naming current and former FirstEnerg­y executives as defendants. The suits seek damages to be paid by the company itself for having misled investors about its involvemen­t in the bribery scheme.

Nine federal complaints are known as shareholde­r derivative lawsuits, which are technicall­y filed on behalf of FirstEnerg­y against some executives and members of its board of directors who stand accused of breaching their duty to protect shareholde­rs and the company’s reputation.

Both types of lawsuits have been consolidat­ed separately under one case but have not yet been certified by Judge Marbley as classactio­n complaints, which is expected to happen in the next several months.

Attorneys for FirstEnerg­y have not yet responded to allegation­s made in the lawsuits. FirstEnerg­y spokespers­on Jennifer Young said the company does not comment on pending litigation.

Shareholde­r lawsuits rarely go to trial, Mr. Robbins said, with settlement­s funded by targeted companies and insurers who cover executives and corporate officers.

That’s what occurred in 2004, when FirstEnerg­y settled lawsuits for concealing the hole at its Davis-Besse Nuclear Power Station outside Toledo and for failing to adequately maintain its electric transmissi­on system prior to the blackout that affected U.S. states and parts of Canada in August 2003.

A shareholde­r-class action was settled for $90 million, with insurers paying $72 million and FirstEnerg­y covering the balance. It settled derivative lawsuits later that year, with insurers paying $25 million to the company and FirstEnerg­y agreeing to reform its corporate structure.

Simon Peck, a business professor at Case Western Reserve University in Cleveland, said members of the board of the directors are supposed to be “a check on nefarious activities by insiders.”

“They are the guardians of the shareholde­rs’ money,” Mr. Peck said. “I think it’s a legitimate question to ask: How effective are these individual­s in monitoring inside executives?”

Board members are elected by stockholde­rs during annual meetings, which FirstEnerg­y held this year in May. FirstEnerg­y board members on average are paid around $250,000 in fees and stock options for a year’s service.

“If I was an angry stockholde­r, I would vote not to re-elect board members,” Mr. Peck said.

Newspapers in English

Newspapers from United States