Householder Trial Is a Reminder: HB 6 Was (and Still Is) Bad Energy Policy

01/27/2023

This week, the public corruption trial of former Ohio House Speaker Larry Householder and former FirstEnergy lobbyist Matt Borges got underway in Cincinnati. Householder is accused of receiving $61 million in bribes in exchange for passing House Bill 6, often referred to as the $1 billion nuclear bailout bill. Opposed by the OMA after its introduction in April 2019, HB 6 was more than just a ratepayer-funded bailout of two nuclear plants. It also included:

  • Customer-funded subsidies for two coal-fired power plants (one in Indiana) owned by the Ohio Valley Electric Corporation (OVEC), which is comprised of more than a dozen utility companies. The subsidy, which is still in effect, could cost Ohio customers $1.8 billion by 2030, according to an OMA study. Customers have already paid roughly $190 million, according to this counter.
  • HB 6’s decoupling mechanism, which allowed FirstEnergy to guarantee itself revenue, was repealed by House Bill 128 in 2021. The provision would have increased some Ohioans’ electricity bills by $85 million annually. Some decoupling refunds have been issued, as required by HB 128.
  • HB 6’s “significantly excessive earnings test” (SEET) shielded FirstEnergy from up to $50 million in customer refunds owed for 2017-2019. The SEET provision was also repealed by HB 128. The OMA was a party to a $306 million settlement in 2021 that was partly based on the PUCO’s interpretation of the SEET.

See this timeline of HB 6 and the events leading up to the Householder case, published by the Statehouse News Bureau. 1/26/2023

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