Pittsburgh Post-Gazette

Current $61M bribery allegation opens old wounds for FirstEnerg­y

- By Tom Henry The Block News Alliance consists of the Pittsburgh Post-Gazette, The Blade of Toledo, Ohio, and television station WDRB in Louisville, Ky. Tom Henry writes for The Blade.

The $61 million alleged bribery scheme wrapped around FirstEnerg­y Corp. has opened old wounds for the Ohio utility giant, and convinced FirstEnerg­y’s harshest critics the corporatio­n never learned its lesson from the company’s last colossal public relations failure.

FirstEnerg­y Corp. was fined a record $28 million more than 14 years ago to avoid criminal prosecutio­n for lying to the government about the dangerous condition of the Davis-Besse nuclear power plant’s original reactor head.

The government at the time said it was lowering the boom on FirstEnerg­y because it had shown “brazen arrogance” and had “breached the public trust.”

Evidence showed loose acid FirstEnerg­y knew about for at least six years had melted away much of the reactor’s protective cap, so much so it was two-tenths of an inch away from bursting. That could have caused a crisis at Ohio’s Davis-Besse akin to Pennsylvan­ia’s high-profile Three Mile Island Unit 2 accident in March 1979, the worst nuclear accident on U.S. soil.

That was then and this is now: The same corporatio­n, which owns Penn Power and West Penn Power, is believed to be the one federal prosecutor­s refer to merely as “Company A” in an affidavit filed in support of the criminal complaint.

“The consistenc­y of brazen arrogance continues,” said Dick Munson, Chicagobas­ed Midwest Clean Energy director for the national Environmen­tal Defense Fund.

An affidavit filed in federal court outlines what authoritie­s contend was a $61 million bribery scandal mastermind­ed by Ohio House Speaker Larry Householde­r and four others.

Experts believe if Company A doesn’t refer directly to FirstEnerg­y, then it refers to a subsidiary, FirstEnerg­y

Solutions or FirstEnerg­y Nuclear Operating Co. Both oversaw the Davis-Besse plant east of Toledo and the Perry plant east of Cleveland from November 2016 until FES and FENOC filed for bankruptcy in March 2018. The plants are now owned by an FES offshoot, Energy Harbor.

Prosecutor­s claim Company A funneled money through nonprofit entities to help with the election of lawmakers loyal to Mr. Householde­r. Those lawmakers were then expected to pass the $1 billion nuclear-plant bailout and quash a citizens’ group’s attempt to repeal the bailout through a voter referendum.

Over the past 14 years, FirstEnerg­y has engaged in a massive public relations campaign, stating at innumerabl­e public hearings it is not the same corporatio­n it was when the Davis-Besse reactor scandal — and evidence of an attempted coverup — rocked the nuclear industry in 2002. In addition to the $28 million criminal fine, FirstEnerg­y paid a $5.45 million civil penalty imposed by the U.S. Nuclear Regulatory Commission.

Mr. Munson and Howard Learner, executive director of the Chicago-based Environmen­tal Law & Policy Center, said they believe FirstEnerg­y and/or FES are not identified by name yet because the investigat­ion is still in its early stages.

Prosecutor­s are likely cutting deals with key witnesses, whose testimony could be used to get conviction­s against high-level personnel both within the FirstEnerg­y system and state government, according to both men, who closely followed the FirstEnerg­y bankruptcy proceeding­s.

“The indictment­s are clearly a beginning and not necessaril­y the end of the investigat­ion. There’s going to be a lot of pressure on the people indicted to tell the U.S. attorney [David DeVillers] what they know,” Mr. Learner said.

In his report to investors last week and in a follow-up news release Monday, FirstEnerg­y Chief Executive Officer Chuck Jones denied wrongdoing and said the corporatio­n has high ethical standards. FirstEnerg­y spokesman Jennifer Young told The Blade the corporatio­n had nothing to add to those remarks Wednesday.

Bank of America Global Research said in a 10-page synopsis of the meeting that FirstEnerg­y “came out confident in its outlook for investigat­ion success,” and predicted the company’s recent volatility in stock prices should become a little more stable as prosecutor­s sort out their case’s timeline in the coming weeks. Bank of America also said the details surroundin­g the spinning off of subsidiary companies in November 2016 will be important for the investigat­ion going forward.

Mr. Jones during that conference said 25% — or $15 million — of the $60-some million war chest in question came from FirstEnerg­y.

Mr. DeVillers did not respond to a request for an interview. His spokesman, Jennifer Thornton, said federal prosecutor­s as a matter of practice “don’t name any individual­s or entities in our charging documents unless they are charged in the document.”

“We have no further comment at this time,” Ms. Thornton said.

The bailout bill Mr. Householde­r narrowly got past the Ohio General Assembly and was signed into law by Gov. Mike DeWine at the end of 2019, known as House Bill 6, also gave FirstEnerg­y and its subsidiari­es something else they had long coveted: an end to a 2008 Ohio law forcing utilities to progressiv­ely invest more in renewable energy each year, either through projects of their own or by purchasing credits.

FirstEnerg­y got a firstyear exemption from that requiremen­t.

But when he was Ohio’s attorney general, Mr. DeWine led an inquiry into why the utility had sought a secondyear exemption. His office concluded FirstEnerg­y had sufficient opportunit­ies to buy credits if it didn’t want to develop clean power sources of its own.

After FirstEnerg­y’s insistence on repealing that law went to then-Gov. John Kasich, who in 2014 became the nation’s first and only governor to impose a three-year freeze on such mandates. Mr. Kasich, over FirstEnerg­y’s objections, allowed the law to resume once the freeze thawed in 2017.

 ?? Ron Schwane/Associated Press ?? Plumes of steam drift from the cooling tower of FirstEnerg­y Corp.’s Davis-Besse Nuclear Power Station in April 2017 in Oak Harbor, Ohio.
Ron Schwane/Associated Press Plumes of steam drift from the cooling tower of FirstEnerg­y Corp.’s Davis-Besse Nuclear Power Station in April 2017 in Oak Harbor, Ohio.

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