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PUC Denies Rehearing Request That Had Sought To Explicitly Prohibit FirstEnergy Utilities From Jointly Advertising With Any Retail Supplier Affiliate Via Shared Name/Logo
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The PUC of Ohio denied rehearing requests from the Northeast Ohio Public Energy Council (NOPEC) and the Office of Ohio Consumers’ Counsel which had argued that PUCO erred when, in a recent order approving an amended corporate separation plan at the FirstEnergy Ohio utilities, PUCO failed to impose certain restrictions on any potential future retail supplier affiliate of the FirstEnergy Ohio utilities
See background here
PUCO said that the Commission already
thoroughly addressed OCC and NOPEC’s assignments of error and that, "[m]ere
disagreement with the Commission's ultimate decision is not appropriate grounds for
rehearing."
PUCO reiterated that, "We continue to find the concerns regarding the competitive affiliate to be
misplaced, as the Companies no longer have a competitive affiliate and have agreed,
pursuant to the Stipulation approved in the FirstEnergy Investigation Cases, to refrain from
seeking certification of a competitive affiliate for a period of five years. As noted by the
Companies, if, in the future, an affiliate of the Companies chooses to file an application to
provide CRES in Ohio, interested stakeholders will have the opportunity to raise their
concerns and recommend any commensurate adjustments to the Amended Plan at that time."
PUCO further said, "in response to NOPEC’s original proposal that the
Amended Plan be revised to prohibit the Companies from jointly advertising or marketing
with a CRES provider affiliate, we concluded that it would be unnecessary for the reasons
noted by the Companies [EDCs]," with PUCO citing to PUCO's prior finding that: "The Commission further finds that FirstEnergy has provided sufficient
information in support of its request for an amendment to its corporate separation plan. As
noted in the Orders, FirstEnergy Corp. and the three operating companies have
implemented significant changes to instill a commitment to ongoing oversight and
transparency, including the creation of the Office of Ethics and Compliance to institute and
promote an appropriate culture and the implementation of several overarching policies to
govern the relationships and interactions between FirstEnergy Corp. and its affiliates with
those operating within the political and public spheres. In addition to these improvements,
Staff also notes that the Companies have implemented various additional changes in
response to the recommendations submitted by Daymark and SAGE in the Corporate
Separation Audit, including providing updated training, tracking customer complaints, and
enhancing the CAM with a more robust auditing system and internal controls. Moreover,
the Companies explain that the Amended Plan requires them to ensure all shared employees
appropriately record and charge their time on fully allocated costs, and that they, with the
support of FESC, review and update the CAM on an annual basis. We find these all to be crucial steps to ensure appropriate allocation is achieved. We find the additional
recommendations proposed in this proceeding to be unnecessary."
Case 24-867-EL-UNC
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July 8, 2026
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Copyright 2026 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com
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