|
|
|
|
|
Default Service Provider Enters 10-Year Power Supply Agreement
The following story is brought free of charge to readers by VertexOne, the exclusive EDI provider of EnergyChoiceMatters.com
Staff of the PUC of Ohio have recommended approval of an amended corporate separation plan (CSP) filed by the FirstEnergy Ohio utilities, with such amended plan broadly prohibiting the EDCs from engaging in joint advertising or joint marketing with a competitive affiliate, but which does not explicitly state that the shared use of a brand name or logo among the EDCs and a competitive affiliate would constitute prohibited joint advertising
A compliance audit consultant retained by PUCO had in 2018 recommended that the name "FirstEnergy" should be removed from the name of the competitive retail supplier which, at such time, was affiliated with the FirstEnergy Ohio utilities (see story here)
Since such time, the FirstEnergy Ohio EDCs no longer have any competitive affiliates which operate in Ohio, as such competitive affiliates ceased operations or were sold
Additionally, as previously reported by ECM (full story here), PUCO in a related corporate separation proceeding disagreed with one of its third party auditors and several intervenors who had alleged that the use of the "FirstEnergy" name by competitive affiliates was in violation of Ohio Adm.Code 4901:1-37-04(D)(10)(a), Ohio Adm.Code 4901:1-37-04(D)(10)(c), and other sections of the Ohio Administrative Code.
The FirstEnergy Ohio utilities' amended corporate separation plan, being addressed by PUCO Staff in Staff's April 28 recommendation, does provide that, "In order to ensure compliance with corporate separation rules and regulations, the Companies do not jointly advertise or jointly market with any unregulated competitive affiliate."
The amended corporate separation plan also provides that, "The Companies may use their parent company trademark 'FirstEnergy' to jointly advertise
and/or jointly market."
Whether the shared use of a name or logo by both an EDC and competitive affiliate, in separate instances (i.e. not at the same venue or in the same ad, etc.), inherently constitutes joint advertising or joint marketing, which is prohibited under the amended plan, or whether such shared use is not prohibited by the amended CSP's language, so long as the use does not occur at the same space/time (not "joint"), is unsettled, with stakeholders disagreeing on whether the joint advertising and joint marketing language is sufficient to address the potential shared use of a name or logo by an EDC and competitive affiliate
In response to concerns raised by NOPEC about the shared use of the FirstEnergy name, the FirstEnergy Ohio EDCs have said, "NOPEC further contends the Amended Plan allows joint advertising between the utilities
and CRES [competitive retail electric service] affiliate. That is incorrect. As the Amended Plan explains, the Companies do not
jointly advertise or jointly market with any unregulated competitive affiliate. The Amended Plan
would require the filing of a further amendment to support joint advertising with a CRES
affiliate."
Again, it is unclear what constitutes "joint advertising" as used here
As such, NOPEC in comments has said that any amended CSP must explicitly forbid the FirstEnergy Ohio EDCs' affiliation with a
CRES [competitive retail electric service] provider that uses the "FirstEnergy" name or logo.
The amended plan does not contain such an explicit provision in so many words
A witness testifying on behalf of the FirstEnergy Ohio EDCs had stated, in a 2024 hearing in a separate but related corporate separation case, that the FirstEnergy Ohio EDCs accepted the recommendations from the audit consultants, "and has no plans to move forward with any unregulated business structures."
That separate case included a State Codes of Conduct Compliance Policy, which contained similar but distinct language concerning a prohibition on joint advertising. Such State Codes of Conduct Compliance Policy, as it existed in October 2024, stated that the FirstEnergy Ohio EDCs
do not "plan" to joint advertise or joint market with any unregulated competitive affiliate, "and if that position
changes, the Companies [EDCs] will advise the Commission [PUCO] Staff."
Based on questioning during a 2024 hearing, it appears that the FirstEnergy Ohio EDCs' witness testified that the shared use of the FirstEnergy name by the EDCs and a competitive affiliate would constitute joint advertising, and, under the language in the separate State Codes of Conduct Compliance Policy from October 2024, would have required that the EDCs "advise" PUCO Staff if such shared use of the FirstEnergy name were to resume.
However, as noted above, the FirstEnergy Ohio EDCs' amended corporate separation plan modifies the language to remove the "plan" qualifier, and rather explicitly states that the EDCs do not jointly market or jointly advertise with a competitive affiliate. As such, combined with the FirstEnergy Ohio EDCs' witness's 2024 testimony, it appears that the position of the FirstEnergy Ohio utilities is that the shared use of the FirstEnergy name by an EDC and competitive affiliate is not permitted under the amended corporate separation plan.
In PUCO Staff's recommendation for approval of the FirstEnergy Ohio EDCs' amended corporate separation plan, Staff observed that, "The Companies no longer have their home warranty affiliate, FirstEnergy Home, or a competitive retail energy services supplier affiliate, FirstEnergy Solutions[.]"
Staff said that such former competitive affiliates were at the "core" of one of the auditor's recommendations to ban the use of a shared name or logo. Although Staff is not explicit, Staff appears to find that the elimination of such competitive affiliates has addressed the auditor's recommendation and/or has rendered the issue moot
Staff generally finds that the FirstEnergy Ohio utilities have taken actions to satisfactorily address other recommendations raised by the auditors
"Staff has no concerns about the amended corporate separation plan as filed," Staff said in supporting approval of the amended plan
Case 24-0867-EL-UNC
ADVERTISEMENT Copyright 2026 EnergyChoiceMatters.com. Unauthorized copying, retransmission, or republication
prohibited. You are not permitted to copy any work or text of EnergyChoiceMatters.com without the separate and express written consent of EnergyChoiceMatters.com
April 28, 2026
Email This Story
Copyright 2026 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com
NEW Jobs on RetailEnergyJobs.com:
• NEW -- Channel Partner Manager -- Retail Energy
• NEW -- Manager of Sales, Commercial -- Retail Supplier
• NEW -- Commercial Sales Support Specialist -- Retail Supplier
• NEW -- Channel Partner Manager - TX -- Retail Supplier
• NEW / Refreshed 2/24/26 -- Manager, ISO Coordination (electricity), Retail Supplier
|
|
|
|
|