The encyclopedia · Finance & Accounting · Financial decision · 2017–2020
FirstEnergy funneled $60M through a political nonprofit and told investors nothing
The utility paid $60M to a nonprofit controlled by Ohio's House Speaker to secure a nuclear bailout, then concealed the payments in its books.
FirstEnergy
What happened
Between 2017 and 2020, FirstEnergy and its affiliates channelled roughly $60 million to a 501(c)(4) nonprofit controlled by the then-Speaker of the Ohio House. The payments secured passage of House Bill 6, which raised electricity rates and delivered a $150 million-per-year subsidy to two FirstEnergy nuclear plants — a benefit the company valued at $1.3 billion.
The payments were not disclosed to investors. When the Speaker was arrested in July 2020, FirstEnergy and its CEO made misrepresentations to the public about the company's role. An independent board review terminated the CEO and two senior vice presidents in October 2020.
In September 2024 the SEC charged FirstEnergy with fraud, books-and-records violations, and internal-controls failures. The company settled without admitting or denying the findings and agreed to pay a $90 million civil penalty. The separate DOJ resolution totalled $230 million.
Why it happened
- The nuclear subsidies were worth $1.3 billion, so a $60M payment looked like a bargain to the executives who approved it.
- Routing the money through a 501(c)(4) kept it off the books and out of proxy disclosures.
- Internal controls failed because senior management was the party overriding them.
The lesson
When the people who approve the payments also override the controls, the controls are theatre — the board's audit committee needs a direct line to compliance, not a report from the CEO.
Sources
- SEC Charges FirstEnergy Corp. With Fraud, Release No. 2024-136
- SEC AAER: In the Matter of FirstEnergy Corp., Release No. 33-11302
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