The State of Ohio and FirstEnergy reached a settlement this week to avoid prosecution in an ongoing corruption investigation involving the Davis-Besse and Perry nuclear plants.

In 2021, the U.S. Attorney’s Office for the Southern District of Ohio charged the energy company with conspiring “with public officials and other individuals and entities to pay millions of dollars to public officials in exchange for specific official action for FirstEnergy Corp.’s benefit.”

FirstEnergy will pay $19.5 million to the attorney general’s office within five business days and will pay $500,000 for an independent consultant to review and confirm unspecified “changes and remediation efforts” within the company. The company will also cooperate with investigators for two years or until the investigation, litigation, or prosecution is complete.

Vistra this week completed its acquisition of Energy Harbor Corp., a move the company announced almost exactly a year ago with a $3.43 billion price tag.

Texas-based Vistra Corporation was hoping to get the go-ahead from the Federal Energy Regulatory Commission this month for its proposed acquisition of Energy Harbor’s nuclear assets, but on October 13, the agency issued an order extending its review of the deal (called “tolling the time” in bureaucratese) to April 11, 2024. Currently down one seat, the four-member FERC voted 3–1 for the time extension, with the lone dissent coming from commissioner James Danly.

The Nuclear Regulatory Commission has approved the transfer of the operating licenses for four reactors and their associated spent fuel storage facilities from Energy Harbor Nuclear Corporation to Vistra Operations Company, the agency announced September 29.

In a filing Monday with the Federal Energy Regulatory Commission, Vistra Corporation committed to divesting itself of two power generation assets to help alleviate concerns over its proposed acquisition of Energy Harbor.

The Department Justice earlier this week filed comments with the Federal Energy Regulatory Commission regarding Vistra Corporation’s proposed acquisition of Energy Harbor, the Ohio-based owner and operator of the Beaver Valley, Davis-Besse, and Perry nuclear plants. Echoing misgivings raised in June by PJM Interconnection’s market monitor Monitoring Analytics regarding the possible exercise of undue market power as a result of the deal, the DOJ Antitrust Division’s 16-page document urges FERC to carefully review the proposal to ensure it will not substantially lessen competition and increase wholesale electricity prices in the PJM region.

Energy Harbor has filed its initial license renewal application for the Perry nuclear power plant, requesting an additional 20 years of operation for the facility, the Nuclear Regulatory Commission announced yesterday. Dated July 3, the 2,427-page application is now available on the agency’s website.

The Great Lakes Clean Hydrogen Hub coalition (GLCH) has submitted an application for funding from the $8 billion Department of Energy program authorized by the Bipartisan Infrastructure Law to support the creation of regional clean hydrogen hubs, nuclear plant owner/operator Energy Harbor announced on May 2.

Texas-based Vistra Corporation, owner of the Comanche Peak nuclear plant, has announced a $3.43 billion deal to acquire Energy Harbor, the Ohio-based owner and operator of the Beaver Valley, Davis-Besse, and Perry nuclear facilities.

Clean energy technology firm Bloom Energy has announced plans to install a 240-kW electrolyzer at Xcel Energy’s Prairie Island plant in Red Wing, Minn., to demonstrate the benefits of producing hydrogen with nuclear power. (One of Xcel’s two nuclear plants, Prairie Island houses twin 550-MWe pressurized water reactors.)

Energy Harbor—owner and operator of the Beaver Valley, Davis-Besse, and Perry nuclear power plants—recently announced its plan to become a carbon-free energy infrastructure and supply firm in 2023. Energy Harbor is based in Akron, Ohio.

Akron, Ohio-based FirstEnergy Corporation has been charged with wire fraud and will pay a $230 million monetary penalty over its role in a $61-million corruption and racketeering scheme to secure state subsidies for Ohio’s nuclear power plants, Davis-Besse and Perry.

The final nail in the coffin of Ohio’s nuclear subsidies occurred on March 31 when Gov. Mike DeWine signed H.B. 128, a bill passed unanimously by the state’s Senate last Thursday.

Approved 86-7 by the Ohio House on March 10, H.B. 128 strips the nuclear subsidy provisions from H.B. 6, the controversial and, since last July, scandal-scarred piece of legislation signed into law in 2019 to aid Ohio’s economically challenged nuclear facilities, Davis-Besse and Perry.

H.B. 128 also removes the earlier bill’s “decoupling” provision, which would have been of substantial financial benefit to FirstEnergy Corporation, the former parent company of Energy Harbor, owner and operator of Davis-Besse and Perry. The new bill retains H.B. 6’s subsidies for utility-scale solar projects, however, and for two coal plants (one in Ohio, one in Indiana).

H.B. 128 was sponsored by Reps. James Hoops (R., 81st Dist.) and Dick Stein (R., 57th Dist.).

The Ohio House of Representatives has voted to rescind the nuclear subsidy provisions of H.B. 6, the controversial 2019 piece of legislation that has been marinating in scandal since last July. Just one week earlier, a similar measure was passed unanimously in the Ohio Senate.

Approved by a tally of 86-7 on March 10, H.B. 128 strips H.B. 6 of subsidies for Energy Harbor’s Davis-Besse and Perry nuclear plants, as well as a “decoupling” provision that would have been of substantial financial benefit to FirstEnergy Corporation, the former parent company of Energy Harbor. The new bill retains H.B. 6’s subsidies for utility-scale solar projects, however, and for two coal plants (one in Ohio, one in Indiana).

H.B. 128 was sponsored by Reps. James Hoops (R., Dist. 81) and Dick Stein (R., Dist. 57).

After months of unsuccessful efforts by Ohio lawmakers to contend with the fallout from H.B. 6—the now-infamous nuclear subsidies bill signed into law in 2019—the state’s senate on March 3 passed a measure, S.B. 44, to repeal those subsidies. The vote was 32–0.

For those who may need reminding, federal prosecutors on July 21, 2020, arrested Larry Householder, then speaker of the Ohio House, and four lobbyists and political consultants for their involvement in an alleged $61 million corruption and racketeering scheme aimed at guaranteeing passage of H.B. 6, whose subsidies had kept Ohio’s Davis-Besse and Perry nuclear power plants from premature closure.

H.B. 6 established a seven-year program to charge the state’s electricity consumers fees to support payments of about $150 million annually to the plants’ operator, Energy Harbor Corporation, then known as FirstEnergy Solutions (FES). FES had announced in March 2018 that it would be forced to close Davis-Besse and Perry without some form of support from the state. (The payments to Energy Harbor were blocked last December by an Ohio Supreme Court injunction, which complemented an earlier lower court ruling.)

The Associated Press is reporting that Energy Harbor (formerly FirstEnergy Solutions), owner of the Davis-Besse and Perry nuclear plants, may decline the subsidies provided for those facilities by HB6—the scandal-tainted Ohio bill that was signed into law in 2019. (In late December of last year, the Ohio Supreme Court issued a temporary stay to stop collection of the HB6-mandated fee from Ohio ratepayers that was set to begin January 1.)

Here is a look back at the top stories of 2020 from our Power and Operations section in Newswire and Nuclear News magazine. Remember to check back to Newswire soon for more top stories from 2020.

Power and Operations section

• Defense Department invests in three microreactor designs: Three reactor developers got a boost on March 9 when they each were awarded a contract from the U.S. Department of Defense to design a reactor that can fit inside a standard shipping container for military deployment. Read more.

An Ohio court has granted a preliminary injunction that blocks Energy Harbor from receiving the “nuclear generation fund” payments that were set to begin January 1 as part of H.B. 6—the scandal-tainted legislation at the center of an alleged multi-million dollar racketeering and corruption scheme aimed at guaranteeing its passage.

Signed into law by Ohio Gov. Mike DeWine in July 2019, H.B. 6 established a seven-year program to charge the state’s electricity consumers fees to support payments of about $150 million annually to Energy Harbor, which had announced in March of the previous year that it would be forced to close the financially strapped Davis-Besse and Perry nuclear plants without some form of support from the state.

New legislation to address Ohio’s scandal-ridden nuclear subsidy bill, H.B. 6, was introduced in the state’s House of Representatives on December 1. Unlike the measures introduced earlier this year that sought to either fully or partially repeal the bill, H.B. 798 calls for delaying subsidies for the Davis-Besse and Perry nuclear plants by one year. (Currently, charges on ratepayers’ monthly electric bills are set to begin in January.) Cleveland.com has more on the story.

Chuck Jones, former FirstEnergy CEO

Akron, Ohio-based FirstEnergy Corporation—former parent of Energy Harbor, the owner of Ohio’s Davis-Besse and Perry nuclear plants—announced on October 29 that it has fired its chief executive officer, Charles “Chuck” Jones, as well as its senior vice president of product development, marketing, and branding and its senior vice president of external affairs.

The actions, according to FirstEnergy, were prompted by an internal company review undertaken in response to the scandal surrounding H.B. 6—the now infamous legislation signed into law last year by Ohio Gov. Mike DeWine that includes subsidies for Davis-Besse and Perry and that is at the heart of an alleged multi-million dollar racketeering and corruption scheme aimed at guaranteeing its passage.

In the announcement, FirstEnergy said only that its review “determined that these executives violated certain FirstEnergy policies and its code of conduct.” Replacing Jones is Steven E. Strah, who had been the firm’s president.