FirstEnergy's $1.5B Grid-Mod Rider Approved: No Accounting for Prior Spending, No Earnings Test
Ohio regulators approved FirstEnergy's request to continue a grid-modernization rider worth $1.5 billion over five years, despite the HB6 bribery scandal and consumer advocates' objections that the utility never fully accounted for earlier rider spending.
The Public Utilities Commission of Ohio (PUCO) has approved FirstEnergy's request to keep collecting a grid-modernization rider—a special charge outside base rates—worth roughly $1.5 billion over five years. This rider is a single-issue tracker that bypasses the scrutiny of a general rate case, allowing the utility to recover capital spending on smart meters, distribution automation, and other grid upgrades with minimal oversight.
Consumer advocates, including the Ohio Consumers' Counsel, pointed out that FirstEnergy has never provided a full accounting of how it spent the hundreds of millions collected under the previous rider period. Without a true-up or earnings test, ratepayers are left to pay for projects whose costs and benefits are unverified. The rider shifts risk from shareholders to customers: if the projects cost less than projected, FirstEnergy keeps the surplus; if they cost more, ratepayers cover the overrun.
The approval comes despite the HB6 bribery scandal, in which FirstEnergy admitted to paying $60 million to secure legislative and regulatory favors, including a $1.3 billion bailout for two nuclear plants. The grid-mod rider, while not directly part of that scheme, benefits from the same regulatory culture that allowed HB6 to pass. The rider's continuation means that your bill will carry an extra charge for years, with no guarantee that the investments will improve reliability or reduce future costs.
The alternative is straightforward: require FirstEnergy to file a general rate case that consolidates all grid-mod spending into base rates, subject to a full prudence review and an earnings test. Any future rider should have a sunset date, a requirement to refund over-earnings, and a mandatory independent audit of spending before renewal. Without these protections, the rider is a blank check paid by ratepayers.