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PUCO Approves FirstEnergy Utilities' Amended Corporate Separation Plan Without Explicit Prohibition On Sharing Name, Logo Among EDCs & Competitive Affiliates, Says Concerns "Misplaced"
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The PUC of Ohio approved 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
As more fully discussed in ECM's prior story (full details here), while the amended CSP does prohibit joint marketing among the EDCs and any competitive affiliate, whether a shared logo constitutes prohibited joint marketing is not explicitly addressed in the plan, with certain stakeholders seeking an explicit prohibition that the CSP should forbid the FirstEnergy Ohio EDCs' affiliation with a CRES [competitive retail electric service] provider that uses the "FirstEnergy" name or logo.
However, PUCO called such concerns "misplaced".
PUCO noted that the FirstEnergy Ohio utilities no longer have a competitive affiliate, and further noted that as part of a PUCO-approved settlement concerning the FirstEnergy Ohio EDCs and the HB 6 scandal, the FirstEnergy Ohio EDCs have agreed, in PUCO's terminology, to, "refrain from seeking certification of a competitive affiliate for a period of five years."
However, as previously reported, in the adopted HB 6 stipulation, the FirstEnergy Ohio utilities 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 definition of "competitive retail electric service" under Ohio law does not include services such as home warranty services, nor would any competitive affiliate offering home warranty or similar protection services be required to be certified by PUCO
PUCO said that, with respect to competitive retail electric service, the concerns raised by certain stakeholders may be addressed if, in the future, an affiliate of the FirstEnergy Ohio utilities seeks certification as a competitive retail electric service provider
PUCO further notes that the FirstEnergy Ohio utilities have implemented various remedial and other recommended actions from various CSP compliance audits
In light of these and other corrective actions, PUCO held, "We find the additional recommendations proposed in this proceeding to be unnecessary."
Cases 24-867-EL-UNC, 24-0867-EL-UNC
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May 14, 2026
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Copyright 2026 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com
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