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Utility Agrees That It, Affiliates, Will Not Offer Competitive Retail Electric Services For Five Years

Includes $5 Million Payment To Retail Energy Trade Group


December 19, 2025

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Copyright 2025 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com

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The FirstEnergy Ohio utilities have agreed that neither they nor any affiliates will offer competitive retail electric service in Ohio for a period of five years, under a settlement with major stakeholders

The new stipulation follows recent PUCO orders requiring restitution and forfeitures due to what PUCO found to be corporate separation violations as well as due to behavior related to the HB 6 scandal

See background here

The FirstEnergy Ohio EDCs entered into a stipulation concerning the PUCO orders and several cases to fully resolve the matters and avoid a protracted rehearing and/or appeal process. Generally, the stipulation includes additional refunds to customers and other customer benefits above what PUCO had ordered

Settling parties include the Ohio Consumers’ Counsel, Retail Energy Supply Association, Direct Energy Services, Interstate Gas Supply, Ohio Energy Group, Ohio Manufacturers’ Association Energy Group, Northeast Ohio Public Energy Council, and others. PUCO Staff takes no position on the settlement.

Of note to the retail market, settling parties state that, under the agreement, "Neither FirstEnergy Corp., nor any of its affiliates, including the Companies, will offer competitive retail electric service in Ohio within five years of the Commission’s approval of this Settlement."

More specifically, the stipulation provides, "The Companies [FirstEnergy Ohio utilities] will not own, operate, or affiliate with any competitive retail electric service provider, or otherwise provide, directly or indirectly, any competitive retail electric service through any affiliate, in the State of Ohio, for a period of five years from the date the Commission approves this Settlement."

Additionally, under the settlement, the FirstEnergy Ohio EDCs agree to pay restitution of $5,000,000 to the Retail Energy Supply Association for corporate separation violations to competitors outlined in Case No. 18-736-EL-CSS and found by the Commission in Case No. 17-974-EL-UNC

RESA will withdraw its corporate separation complaint, and Direct Energy will withdraw a 2017 complaint concerning alleged settlement data reporting errors from the FirstEnergy EDCs to PJM (Case No. 17-0791-EL-CSS)

Cases 20-1502-EL-UNC, 17-974-EL-UNC et al.

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