NOPEC Advocates for Consumer-Friendly Energy Rates and Policies
As the largest public retail energy aggregation in Ohio, NOPEC supplies electricity and natural gas to consumers in 240 Ohio communities. But that isn't all we do. NOPEC provides important member benefits that support the communities, residents, and small businesses that we serve. One of those benefits is advocating for consumer-friendly utility rates and policies. Over the past 20+ years, NOPEC has worked to protect Ohio consumers from unreasonable utility rate increases and unfair regulation, while preserving consumer energy choice in Ohio.
RECENT CASES
2023 Cases
Federal Energy Regulatory Commission (FERC) Case No. EC23-74-000
In March 2023, Vistra Corp announced they were acquiring Energy Harbor Corp in a merger transaction. Energy Harbor owns two nuclear power plants in northern Ohio, and both companies compete directly with NOPEC in the Ohio electric aggregation market.
NOPEC and others, including the Office of Ohio Consumers Counsel (OCC), intervened and filed protests opposing the proposed merger at FERC, with independent expert studies concluding that the merger will result in increased electricity prices in Ohio. Other parties, including the Independent Market Monitor for PJM Interconnection and the U.S Department of Justice Antitrust Division also filed comments. After finding the applicants’ initial merger application deficient, Vistra agreed to sell two generation facilities in Ohio and cure the deficiencies. In February 2024, FERC approved the merger application with conditions, including the sale of the two generating plants. NOPEC intends to monitor the merged companies’ future activities in Ohio to protect Ohio consumers from price increases as a result of the merger.
Public Utilities Commission of Ohio (PUCO) Case No 23-23-894-GA-AIR et al
In September 2023, Dominion Energy Ohio filed a notice with the PUCO to increase its gas distribution rates in Ohio by about $275 million per year. NOPEC has intervened in the case and is opposing the rate increase, together with other intervenors including the OCC. It is expected that hearings will be held in the 3rd quarter of 2024.
Ohio Legislature- Substitute HB 197
Community Solar in Ohio HB 197 would authorize the development of Community Solar developments in the state of Ohio. NOPEC has been working with the bill’s sponsoring organizations to support this bill which would increase renewable energy development in Ohio. The bill is currently pending in the Ohio House of Representatives.
PUCO Case 17-974-EL-UNC et al. (FirstEnergy PUCO audit cases regarding HB 6 payments)
NOPEC has filed to intervene in the four audit case investigations opened by the PUCO regarding unlawful payments made by FirstEnergy in connection with the HB 6 scandal involving former FirstEnergy executives, former PUCO Chair Randazzo, former Ohio Speaker of the House and former lobbyists for FirstEnergy. Together with other parties in the case, NOPEC will be advocating for customer refunds if the audits and discovery in the case reveal that customers have been charged for illegal payments made by the company.
2022 Cases
NOPEC intervened in this Public Utilities Commission of Ohio (PUCO) case on behalf of our Columbia Gas of Ohio aggregation customers. Working jointly with the OCC, PUCO Staff and others, NOPEC helped negotiate a settlement that resulted in a smaller natural gas distribution rate increase than what Columbia Gas of Ohio had proposed. Under the settlement approved by the PUCO, the utility received an increase in its base distribution rates of about $68 million on an annual basis, only a third of the original $221 million the utility had requested. That's a $153 million reduction in the amount of the proposed increase.
NOPEC intervened in this case at the Federal Energy Regulatory Commission (FERC) and supported OCC in its complaint against American Electric Power (AEP). FERC ruled in favor of the complaint ordering that AEP’s transmission company should not charge an additional 50 basis points in its rate of return which the FERC had allowed to incentivize transmission owners to voluntarily join regional transmission organizations (RTO) because Ohio law already required AEP to join PJM, the RTO for Ohio. AEP is refunding about $18 million to Ohio electric consumers as a result of these efforts.
Working with many other consumer groups, including the OCC, NOPEC intervened in this FERC interstate gas pipeline company rate increase case on behalf of our Dominion Energy Ohio (DEO) natural gas aggregation customers. This case was settled at a lower rate increase than what the pipeline proposed. The settlement also resulted in a refund of over $7 million to DEO customers.
2021 Cases
Working with other consumer advocates, including OCC, NOPEC intervened at FERC in this interstate gas pipeline company rate increase case, on behalf of our natural gas aggregation customers served by Columbia Gas of Ohio. This case was settled at a lower than proposed rate increase amount. Together with OCC and others, we successfully advocated to put the lower settlement transmission rates in effect in time for the 21-22 winter heating season.
Working closely with the Ohio Consumers' Council (OCC) and other intervenors, NOPEC was instrumental in negotiating a settlement at the Public Utilities Commission of Ohio (PUCO) with FirstEnergy Ohio utilities involving past earnings that exceeded the “significantly excessive earnings” test in Ohio law. FirstEnergy Ohio utilities agreed to refund $306 million to their Ohio customers. Residential customers served by the FirstEnergy Ohio utilities will receive refunds of about $85 each over several years, with small businesses receiving larger refunds. The first installment of the refund was received by NOPEC’s CEI and Ohio Edison customers (and all other FirstEnergy Ohio Utilities customers) in January 2022.
