FirstEnergy Ohio Utilities Say Offering Of Nonelectric Products Complies With Corporate Separation Plan, Seeks Dismissal Of RESA Complaint

Ohio Edison Company, Cleveland Electric Illuminating, and Toledo Edison (FirstEnergy Ohio utilities) said in an answer filed with the Public Utilities Commission of Ohio, addressing a complaint filed by the Retail Energy Supply Association, that the FirstEnergy Ohio utilities are permitted to offer Special Customer Services by their Corporate Separation Plan and Commission-approved tariffs, as the utilities denied RESA's allegation that the marketing, advertising, promotion, financing and/or billing for Smartmart and HomeServe nonelectric services and products do not comply with the state’s corporate separation requirements

See our prior story for the background on RESA's complaint

In their answer, the FirstEnergy Ohio utilities said, "the Companies’ Corporate Separation Plan permits the Companies to offer products and services other than retail electric service."

In their answer, the FirstEnergy Ohio utilities quoted the corporate separation plan as stating, "VI. Consumer Products. The Companies offer a limited number of products and services other than retail electric service pursuant to existing tariff provisions and plan to continue offering the same types of products and services in the same manner. Upon customer request, the Companies may use contractors to provide other utility-related services, programs, maintenance and repairs related to customer-owned property, equipment and facilities. In addition, the Companies plan to provide products and services other than retail electric service in an effort to comply with energy efficiency and peak demand reduction benchmarks set out in R.C. Section 4928.66. These programs give the Companies the opportunity to more completely serve customers and assist in meeting statutory requirements."

"The Commission also approved the Companies’ tariff provisions relating to Special Customer Services in Case No. 07-551-EL-AIR, including the provision of customer equipment maintenance, repair or installation," the FirstEnergy Ohio utilities said in their answer

"The Companies deny providing any undue preference or advantage," the FirstEnergy Ohio utilities said in their answer

"The Companies deny any improper, discriminatory, preferential, anticompetitive or deceptive conduct," the FirstEnergy Ohio utilities said in their answer

"The Companies have acted at all times in accordance with the Corporate Separation Plan and Commission-approved tariffs, as well as all rules, regulations and Orders as promulgated and issued by the PUCO, and the laws existing in the State of Ohio," the FirstEnergy Ohio utilities said in their answer

The FirstEnergy Ohio utilities moved to dismiss the complaint