THE PUBLIC UTILITIES COMMISSION OF OHIO
IN THE MATTER OF THE REVIEW OF THE
POLITICAL AND CHARITABLE SPENDING
BY OHIO EDISON COMPANY, THE
CLEVELAND ELECTRIC ILLUMINATING
COMPANY, AND THE TOLEDO EDISON
COMPANY.

CASE NO. 20-1502-EL-UNC

ENTRY
Entered in the Journal on September 15, 2020
{¶ 1} Ohio Edison Company, The Cleveland Electric Illuminating Company, and
The Toledo Edison Company (collectively, the FirstEnergy Utilities or the Companies) are
electric distribution utilities, as defined by R.C. 4928.01(A)(6), and public utilities, as defined
in R.C. 4905.02, and, as such, are subject to the jurisdiction of this Commission.
{¶ 2} R.C. 4905.06 states, in relevant part, that the Commission has general
supervision over all public utilities within its jurisdiction as defined in R.C. 4905.05, and
may examine such public utilities and keep informed as to their general condition,
capitalization, and franchises, and as to the manner in which their properties are leased,
operated, managed, and conducted with respect to the adequacy or accommodation
afforded by their service, the safety and security of the public and their employees, and their
compliance with all laws, orders of the Commission, franchises, and charter requirements.
{¶ 3} R.C. 4905.05 states, in relevant part, that the jurisdiction, supervision, powers,
and duties of the Commission extend to every public utility, the plant or property of which
lies wholly within this state and when the property of a public utility lies partly within and
partly without this state to that part of such plant or property which lies within this state; to
the persons or companies owning, leasing, or operating such public utilities; to the records
and accounts of the business thereof done within this state; and to the records and accounts
of any companies which are part of an electric utility holding company system exempt
under section 3(a)(1) or (2) of the "Public Utility Holding Company Act of 1935," 49 Stat. 803,
15 U.S.C. 79c, and the rules and regulations promulgated thereunder, insofar as such records

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and accounts may in any way affect or relate to the costs associated with the provision of
electric utility service by any public utility operating in this state and part of such holding
company system.
{¶ 4} On September 8, 2020, the Ohio Consumers’ Counsel filed motions in Case
Nos. 17-2474-EL-RDR and 17-974-EL-UNC for an investigation and management audit of
the FirstEnergy Utilities, its corporate governance and its activities regarding Am. Sub. H.B.
6, to hire an independent auditor, to reopen the distribution modernization rider audit case,
and to require the FirstEnergy Utilities to show that it did not improperly use money
collected from consumers or violate any utility regulatory laws, rules, or orders in its
activities regarding Am. Sub. H.B. 6.
{¶ 5} The Commission has determined that this proceeding should be opened to
review the political and charitable spending by the FirstEnergy Utilities in support of Am.
Sub. H.B.6 and the subsequent referendum effort. Accordingly, the Companies are directed
to show cause, by September 30, 2020, demonstrating that the costs of any political or
charitable spending in support of Am. Sub. H.B. 6, or the subsequent referendum effort,
were not included, directly or indirectly, in any rates or charges paid by ratepayers in this
state.
{¶ 6} Further, the attorney examiner finds that interested parties may file comments
regarding the Companies’ response to this Entry by October 29, 2020 and reply comments
by November 13, 2020.
{¶ 7} It is, therefore,
{¶ 8} ORDERED, That the Companies comply with the directive contained
Paragraph 5 of this Entry. It is, further,
{¶ 9} ORDERED, That comments and reply comments regarding the Companies’
response be filed in accordance with Paragraph 6. It is, further,

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{¶ 10} ORDERED, That a copy of this Entry be served upon all parties of record.
THE PUBLIC UTILITIES COMMISSION OF OHIO

JRJ/hac

/s/Gregory A. Price
By:
Gregory A. Price
Attorney Examiner

 This foregoing document was electronically filed with the Public Utilities
Commission of Ohio Docketing Information System on
9/15/2020 3:44:28 PM
in
Case No(s). 20-1502-EL-UNC

Summary: Attorney Examiner Entry ordering that the Companies comply with the directive
contained Paragraph 5 of this Entry and ordering that comments and reply comments
regarding the Companies’response be filed in accordance with Paragraph 6 electronically filed
by Heather A Chilcote on behalf of Gregory A. Price, Attorney Examiner, Public Utilities
Commission of Ohio