Documentary paints vivid picture of HB 6 scandal
By Jon Blackwood
Ohio Consumers' Counsel
This week, HBO premiered a new documentary on the House Bill 6 scandal, "The Dark Money Game," by Academy Award-winning filmmaker Alex Gibney (https://www.hbo.com/the-dark-money-game).
The documentary paints a vivid and engaging picture of much of the story of the scandal. Below are insights from the Ohio Consumers' Counsel, which has actively opposed and investigated issues related to House Bill 6.
OCC Opposed H.B. 6 from the beginning, testifying seven times before the General Assembly opposing the bill and eleven times asking for its repeal. Likely as a response to our opposition, legislation was introduced in May 2019 to “reform and modernize” OCC (and the PUCO). Among other things, this bill would have given the legislature control over the selection of a majority of OCC Governing Board members.
(H.B. 246 (Vitale) 133rd GA): https://www.occ.ohio.gov/docs/HB246-GA-133
PUCO Ongoing Investigations: Largely in response to OCC’s requests, the PUCO opened four consumer investigations into the scandal. These investigations are ongoing at the PUCO, whose former Chair (Sam Randazzo) was indicted on state and federal charges related to the H.B. 6 scandal.
Consumer Investigations Dockets for HB 6/FirstEnergy scandal at the PUCO:
• PUCO Case 17–974 (FE corporate separation)
https://dis.puc.state.oh.us/CaseRecord.aspx?CaseNo=17–0974
• Case 17–2474 (FE distribution modernization charge)
https://dis.puc.state.oh.us/CaseRecord.aspx?CaseNo=17–2474
• Case 20–1502 (FE political spending)
https://dis.puc.state.oh.us/CaseRecord.aspx?CaseNo=20–1502
• Case 20–1629 (FE delivery capital recovery charge)
https://dis.puc.state.oh.us/CaseRecord.aspx?CaseNo=20–1629
Very slowly but surely in these cases, we have been making progress finding the truth about how deep the corruption ran and how much utility consumers paid for it. We have depositions, discovery and hearings yet to come in our search for the truth.
We are advocating for a reduction in FirstEnergy's profits in its pending rate increase case. Specifically, we have urged the PUCO to reduce FirstEnergy's allowed return on equity by 50 basis points to hold the company accountable for its actions related to House Bill 6. This reduction would ensure that consumers receive some benefit from the penalties imposed on FirstEnergy for its behavior.
Parts of H.B. 6 remain and should be repealed. H.B. 6 still requires all Ohioans to pay a subsidy to support two coal plants owned in part by Ohio utilities AEP, AES and Duke. One of these plants is not even located in Ohio. These old plants are uneconomic, with the subsidies now costing consumers around $440, 000 per day.
Since 2020, consumers have paid $462 million in coal plant subsidies codified under tainted H.B. 6. The coal subsidies under H.B. 6 are to be collected through 2030.
Testimony of a Duke executive before the Ohio Legislature confirmed that the plants will continue to run even without the consumer-funded subsidies. (See Amy Spiller’s May 22, 2024 General Assembly testimony at time marker 42:06 at https://www.ohiochannel.org/video/ohio-house-public-utilities-committee….)
Also see OCC's Appeal challenging the PUCO's approval that permitted FirstEnergy to revert to its fourth Electric Security Plan—a plan compromised by undisclosed side agreements between FirstEnergy and the former PUCO Chair: https://dis.puc.state.oh.us/DocumentRecord.aspx?DocID=1b9f39e3-1ebf-4a1…
Hope on the horizon:
Ohio House Bill 15 and Senate Bill 2 offer hope-- Both bills would end the coal subsidies on the effective date of the new legislation. The bills could also improve the regulatory process that has heavily favored utilities over consumers, with provisions that end electric security plans.
See our most recent testimony before the General Assembly, supporting H.B. 15: (https://www.occ.ohio.gov/testimony/hb-15/2025-04-08)