PUCO Staff Recommends That Commission Grant Broker License To FirstEnergy Advisors

Staff of the Public Utilities Commission of Ohio have recommended that the Commission approve the application of Suvon, LLC d/b/a FirstEnergy Advisors and FirstEnergy Home for a broker/aggregator license to serve all customer classes in all service areas.

Staff stated that, "On January 17, 2020, Suvon, LLC dba FirstEnergy Advisors (FE Advisors) filed an application seeking authority to operate in Ohio as a power broker and aggregator. By Entry dated February 11, 2020, this certification application was suspended in order to give the Commission and Staff additional time to review this matter. The certification application was amended on April 1, 2020. FE Advisors has answered all applicable sections and provided all required exhibits as listed on the application form. In addition, FE Advisors has stated that it intends to comply with all commission rules."

Staff stated that, "PUCO Staff is required to evaluate an applicant based on its managerial, technical, and financial capabilities to provide the service it intends to offer and its ability to comply with commission rules or orders adopted pursuant to Chapter 4928 of the Ohio Revised Code. Staff has thoroughly reviewed and evaluated this application, accompanying exhibits, and amendments. Based on this review, Staff believes the application filed by Suvon, LLC dba FirstEnergy Advisors on January 17, 2020, as amended on April 1, 2020, is in compliance with Ohio Administrative Code and therefore, Staff recommends that this application be approved."

As previously reported, various stakeholders including NOPEC, the OCC, retail suppliers, and brokers have raised various concerns with FirstEnergy Advisors' application, with NOPEC and OCC alleging that the commonality of management and control among FirstEnergy Advisors, and the FirstEnergy Ohio distribution utilities, "is a per se violation of R.C. 4928.17(A), which requires that a competitive retail electric supplier be 'fully separated' from its regulated utilities (story here). Retail suppliers have also objected to FirstEnergy Advisors' use of the FirstEnergy brand name

FirstEnergy Advisors has said that its structure and name comply with applicable corporate separation rules and statutes (see story here)