FirstEnergy has reached an agreement with the Ohio Attorney General and the Summit County Prosecutor to resolve all outstanding proceedings on the firm’s bribery scandal.
The $20 million deal with the state and the county prosecutor comes three years after the firm agreed to pay a $230 million fine to the U.S. Department of Justice in a deferred prosecution agreement. (See DOJ Orders $230 Million Fine for FirstEnergy.)
In addition to sinking the careers of leadership at FirstEnergy, its $61 million in bribes and dark money campaign contributions brought down former Ohio House Speaker Larry Householder and former PUCO Chair Sam Randazzo, who committed suicide this year. (See Scandal-ridden Former PUCO Chair Sam Randazzo Found Dead.)
“We are pleased to have reached a resolution with the Ohio Attorney General’s Office and the Office of the Summit County Prosecutor, which recognizes the substantial actions FirstEnergy has taken to establish a highly effective compliance program and instill a culture of ethics and integrity at every level of the organization,” FirstEnergy CEO Brian X. Tierney said in a statement. “FirstEnergy, led by a new Board of Directors and executive team, is a stronger organization today, energized by our commitments to our stakeholders and well positioned for the future.”
The scandal involved trying to get the Ohio Legislature to pass subsidies for nuclear plants FirstEnergy used to own, which it since has spun off into Energy Harbor. That firm was purchased by Vistra Energy in a deal that closed early this year.
FirstEnergy filed the settlement with the Securities & Exchange Commission, which credits the firm with cooperation and says the state will not pursue any charges against it for the conduct covered by the deferred prosecution agreement it signed with DOJ in 2021.
In addition to paying $20 million, FirstEnergy agreed to set up a new Office of Ethics and Compliance and to develop a compliance program designed to prevent violations of U.S. and Ohio regulations and law. The program will include companywide campaigns to get employees and contractors to report any concern about potential violations.
Of the $20 million, $500,000 is set aside to fund the compensation and expenses of an independent consultant to review the efficacy of its compliance programs.
The deal covers only the firm FirstEnergy and specifically does not cover any litigation against former employees or executives. The state has indicted former CEO Charles Jones and former Senior Vice President of External Affairs Michael Dowling. (See Ex-PUCO Chair, Ex-FirstEnergy Execs Indicted in Ohio.)