Pittsburgh Post-Gazette

FirstEnerg­y to pay $230M penalty in Ohio bribery probe

- By Jim Provance

COLUMBUS, Ohio — Akronbased FirstEnerg­y Corp., the utility at the heart of a $61 million Ohio Statehouse bribery scandal, has agreed to pay a $230 million penalty for its role in the scheme.

Ohio Gov. Mike DeWine on Thursday issued a statement distancing himself from his one-time appointee as chairman of the Public Utilities Commission of Ohio, Sam Randazzo, who is portrayed in the agreement as having committed improper acts.

“That’s the largest criminal penalty ever collected as far as anyone can recall in the history of this office,” said acting U.S. Attorney Vipal J. Patel at a Thursday news conference.

The corporatio­n has been charged with conspiracy to commit “honest services wire fraud,” devising a scheme to use interstate wiring of monies to engage in bribery of public officials — former Ohio state House Speaker Larry Householde­r and Mr. Randazzo — and to hide the true purpose of the funds.

However, the charge could be dismissed after three years if FirstEnerg­y meets its end of the settlement. The filing says the utility has provided “substantia­l cooperatio­n.”

FirstEnerg­y admits that it conspired with public officials and others to use nonprofit entities to conceal its actions and the purpose of its cash.

It also admitted to paying $4.3 million to a second public official to act in his official capacity to further FirstEnerg­y’s interests in connection with two nuclear power plants owned by what was then a subsidiary.

While not specifical­ly named, that individual is Mr. Randazzo, a former utilities lobbyist appointed PUCO chairman by Mr. DeWine, a Republican. FirstEnerg­y was a major Randazzo client.

Denies wrongdoing

Mr. Randazzo resigned as chairman late last year after the FBI raided his home. He has denied wrongdoing and is not among those who have been charged.

“As I have consistent­ly said, we understood that Sam Randazzo had worked for manufactur­ing companies, energy companies and consumers, and that he had done work for FirstEnerg­y. Sam Randazzo was a well-known subject-matter expert in energy issues.

“If, as stated in the court documents, Sam Randazzo committed acts to improperly benefit FirstEnerg­y, his motives were not known by me or my staff,” the governor said.

“In light of today’s admission by FirstEnerg­y, the campaign will make a monetary donation to the Boys and Girls Clubs in the amount FirstEnerg­y contribute­d to the campaign committee,” according to the governor’s statement. The dollar amount was not reported.

When the other charges were filed a year ago, then-U.S. Attorney David DeVillers said the governor’s office was not a target of the investigat­ion. When asked whether that was still true given revelation­s affecting people close

to Mr. DeWine, Mr. DeVillers’ successor, Mr. Patel, declined to respond.

FirstEnerg­y must pay half of its $230 million penalty to the U.S. Treasury and the remaining $115 million to the Ohio Developmen­t Services Agency, which must use the funds to benefit Ohio electricit­y customers. FirstEnerg­y is barred from passing the cost onto its ratepayers.

‘Meant to hurt’

As for the size of the penalty, Mr. Patel said, “Criminal monetary penalties are meant to hurt. We can’t put corporatio­ns in jail. … So the principle here is try to come up with a number that stings but doesn’t annihilate.”

The size of the penalty was reduced in recognitio­n of FirstEnerg­y’s cooperatio­n to date with the investigat­ion.

Rob Kelter, senior attorney for the Environmen­tal Law and Policy Center, said a $230 million penalty doesn’t “sting” enough for a company that made $1.1 billion last year.

FirstEnerg­y said it has worked to respond to the investigat­ion and to regain trust.

“Moving forward, we are intently focused on fostering a strong culture of compliance and ethics, starting at the top, and ensuring we have robust processes in place to prevent the type of misconduct that occurred in the past,” said Steven E. Strah, president and chief executive officer of FirstEnerg­y.

Thursday’s court filing said FirstEnerg­y paid millions to “Public Official A,” not named but clearly Mr. Householde­r, through Generation Now, in return for the nuclear legislatio­n.

“Use of [nonprofit] entities was central to the scheme because it allowed certain FirstEnerg­y Corp. executives and co-conspirato­rs to conceal from the public the nature, source and control of

payments to and for the benefit of [Mr. Householde­r],” the filing reads.

FirstEnerg­y pursued the nuclear bailout bill in part because of “decoupling” language that would have allowed the utility to lock in revenues at 2018 levels despite House Bill 6’s eliminatio­n of energy efficiency mandates to which those funds were tied.

That’s where Mr. Randazzo came in, prosecutor­s allege. In November 2019, the Randazzo-led PUCO terminated the requiremen­t that FirstEnerg­y had to file a new rate case in 2024.

“FirstEnerg­y believed that the expiration of [its current rate case] and filing of the new rate case in 2024 would result in decreased revenue and negatively impact FirstEnerg­y Corp.’s financial outlook and, therefore, sought a ‘fix for the Ohio hole,’ ” the filing reads.

Thursday’s filing states certain FirstEnerg­y executives pushed for Mr. Randazzo’s appointmen­t by Mr. DeWine as chairman. In a text conversati­on that never mentions Mr. Randazzo by name, he told a FirstEnerg­y CEO, “I think I said this last night but just in case — if asked by the administra­tion to go for the Chair spot, I would say yes.”

Mr. DeWine announced his appointmen­t of Mr. Randazzo on Feb. 4, 2019.

The filing notes that FirstEnerg­y specifical­ly sought help from Mr. Householde­r to add the “decoupling” language and a failed attempt to extend the duration of the nuclear bailout to 10 years. The final law provided for seven, although both the nuclear subsidies and decoupling provision have since been repealed.

The FirstEnerg­y charge came one day after the oneyear anniversar­y of the arrest of Mr. Householde­r, four other individual­s and a nonprofit corporatio­n.

The charges were in connection with the bribery scheme with the end goal of enacting the $1 billion bailout of the Davis-Besse plant near Oak Harbor and the Perry plant east of Cleveland.

Mr. Householde­r and lobbyist and former Ohio Republican Party Chairman Matt Borges have pleaded not guilty and are awaiting trial on federal racketeeri­ng charges that could carry 20 years in prison.

In a statement, the Cleveland attorneys representi­ng Mr. Householde­r — Nick

Oleski, Steve Bradley and Mark Marein — said the utility had contended that its contributi­ons to Generation Now were legal political contributi­ons.

“This reversal presumably amounts to an effort by FirstEnerg­y to protect its share price,” it said. “It does not change the fact that these contributi­ons were and are protected by the First Amendment.

“Our client, Larry Householde­r, pleaded not guilty for a simple reason — because he is not guilty,” it said. “He did not enter into a quid pro quo agreement with FirstEnerg­y, and he has never been bribed. We look forward to our day in court to defeat the government’s allegation­s.”

Guilty pleas

Two other individual­s — Jeff Longstreth, a Columbus political consultant, and Juan Cespedes, a Columbus lobbyist — have pleaded guilty for their roles in the scheme. So has Generation Now, the nonprofit corporatio­n at the scandal’s center.

A fourth individual, Columbus lobbyist Neil Clark, was also charged, but he died by suicide in Florida in February.

According to prosecutor­s, FirstEnerg­y and related entities provided the cash that flowed through Generation Now and other nonprofits to help elect lawmakers loyal to Mr. Householde­r in 2018, help elect him speaker again in 2019, and then get House Bill 6 across the finish line.

The scheme then continued to thwart a petition effort that would have subjected the controvers­ial new law to voter referendum in 2020.

Mr. Householde­r’s House colleagues took away his speaker’s gavel shortly after charges were filed in July 2020. Last month they voted to remove him from the chamber altogether.

Thursday’s court filing also states that Mr. Householde­r sought the help of FirstEnerg­y in February 2020, in funding a ballot initiative that would have changed Ohio’s legislativ­e term-limits, which could have allowed the speaker to stay in office up to 16 more years.

That ballot initiative never came about as Mr. Householde­r was facing criminal charges months later.

The Block News Alliance consists of the Pittsburgh Post-Gazette, The Blade of Toledo, Ohio, and television station WDRB in Louisville, Ky. Jim Provance is a reporter for The Blade.

 ?? Ron Schwane/Associated Press ?? FirstEnerg­y Corp. has agreed to pay a $230 million penalty for its part in an Ohio Statehouse bribery scheme connected to a proposed $1 billion government bailout involving Davis-Besse Nuclear Power Station near Oak Harbor, Ohio.
Ron Schwane/Associated Press FirstEnerg­y Corp. has agreed to pay a $230 million penalty for its part in an Ohio Statehouse bribery scheme connected to a proposed $1 billion government bailout involving Davis-Besse Nuclear Power Station near Oak Harbor, Ohio.

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