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Forward-Looking Statements:
−Removed: This Form 10-K includes forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995 based on information currently available to management.
+Added: This Form 10-K includes forward-looking statements based on information currently available to management.
Such statements are subject to certain risks and uncertainties and readers are cautioned not to place undue reliance on these forward-looking statements.
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Forward-looking statements involve estimates, assumptions, known and unknown risks, uncertainties and other factors that may cause actual results, performance or achievements to be materially different from any future results, performance or achievements expressed or implied by such forward-looking statements, which may include the following (see Glossary of Terms for definitions of capitalized terms):
−Removed: • The potential liabilities, increased costs and unanticipated developments resulting from government investigations and agreements, including those associated with compliance with or failure to comply with the DPA.
+Added: • The potential liabilities, increased costs and unanticipated developments resulting from government investigations and agreements, including those associated with compliance with or failure to comply with the DPA, and settlements with the OAG's office and SEC.
• The risks and uncertainties associated with government investigations and audits regarding HB 6 and related matters, including potential adverse impacts on federal or state regulatory matters, including, but not limited to, matters relating to rates.
−Removed: • The risks and uncertainties associated with litigation, arbitration, mediation and similar proceedings, particularly regarding HB 6 related matters, including risks associated with obtaining dismissal of the derivative shareholder lawsuits.
−Removed: • Changes in national and regional economic conditions, including recession, rising interest rates, inflationary pressure, supply chain disruptions, higher energy costs, and workforce impacts, affecting us and/or our customers and those vendors with which we do business.
−Removed: • Weather conditions, such as temperature variations and severe weather conditions, or other natural disasters affecting future operating results and associated regulatory actions or outcomes in response to such conditions.
−Removed: • Legislative and regulatory developments, including, but not limited to, matters related to rates, compliance and enforcement activity, cyber security, and climate change.
+Added: • The risks and uncertainties associated with litigation, arbitration, mediation and similar proceedings, particularly regarding HB 6 related matters.
+Added: • Changes in national and regional economic conditions, including recession, volatile interest rates, inflationary pressure, supply chain disruptions, higher fuel costs, and workforce impacts, affecting us and/or our customers and those vendors with which we do business.
+Added: • Variations in weather, such as mild seasonal weather variations and severe weather conditions (including events caused, or exacerbated, by climate change, such as wildfires, hurricanes, flooding, droughts, high wind events and extreme heat events) and other natural disasters, which may result in increased storm restoration expenses and negatively affect future operating results.
+Added: • The potential liabilities and increased costs arising from regulatory actions or outcomes in response to severe weather conditions and other natural disasters.
+Added: • Legislative and regulatory developments, and executive orders, including, but not limited to, matters related to rates, energy regulatory policies, compliance and enforcement activity, cyber security, climate change, and diversity, equity and inclusion.
• The risks associated with physical attacks, such as acts of war, terrorism, sabotage or other acts of violence, and cyber-attacks and other disruptions to our, or our vendors’, information technology system, which may compromise our operations, and data security breaches of sensitive data, intellectual property and proprietary or personally identifiable information.
−Removed: • The ability to meet our goals relating to EESG opportunities, improvements, and efficiencies, including our GHG reduction goals.
−Removed: • The ability to accomplish or realize anticipated benefits through establishing a culture of continuous improvement and our other strategic and financial goals, including, but not limited to, overcoming current uncertainties and challenges associated with the ongoing government investigations, executing Energize365 , our transmission and distribution investment plan, executing on our rate filing strategy, controlling costs, improving our credit metrics, growing earnings, strengthening our balance sheet, and satisfying the conditions necessary to close the FET Minority Equity Interest Sale.
+Added: • The ability to meet our goals relating to climate-related and environmental, social and governance matters, opportunities, improvements, and efficiencies, including our GHG reduction goals.
+Added: • The ability to accomplish or realize anticipated benefits through establishing a culture of continuous improvement and our other strategic and financial goals, including, but not limited to, executing Energize365 , our transmission and distribution investment plan, executing on our rate filing strategy, controlling costs, improving credit metrics, maintaining investment grade ratings, strengthening our balance sheet and growing earnings.
• Changing market conditions affecting the measurement of certain liabilities and the value of assets held in our pension trusts may negatively impact our forecasted growth rate, results of operations and may also cause us to make contributions to our pension sooner or in amounts that are larger than currently anticipated.
−Removed: • Mitigating exposure for remedial activities associated with retired and formerly owned electric generation assets.
−Removed: • Changes to environmental laws and regulations, including, but not limited to, those related to climate change.
+Added: • Mitigating exposure for remedial activities associated with retired and formerly owned electric generation assets, including those sites impacted by the legacy CCR rules that were finalized during 2024.
+Added: • Changes to environmental laws and regulations, including, but not limited to, rules finalized by the EPA and SEC, including those currently stayed, related to climate change, and potential changes to such laws and regulations as a result of the new U.S.
+Added: presidential administration.
• Changes in customers’ demand for power, including, but not limited to, economic conditions, the impact of climate change, emerging technology, particularly with respect to electrification, energy storage and distributed sources of generation.
−Removed: • The ability to access the public securities and other capital and credit markets in accordance with our financial plans, the cost of such capital and overall condition of the capital and credit markets affecting us, including the increasing number of financial institutions evaluating the impact of climate change on their investment decisions.
+Added: • The ability to access the public securities and other capital and credit markets in accordance with our financial plans, the cost of such capital and overall condition of the capital and credit markets affecting us, including the increasing number of financial institutions evaluating the impact of climate change on their investment decisions, and the loss of our status as a well-known seasoned issuer.
• Future actions taken by credit rating agencies that could negatively affect either our access to or terms of financing or our financial condition and liquidity.
−Removed: • Changes in assumptions regarding factors such as economic conditions within our territories, the reliability of our transmission and distribution system, or the availability of capital or other resources supporting identified transmission and distribution investment opportunities.
+Added: • Changes in assumptions regarding factors such as economic conditions within our territories, the reliability of our transmission and distribution system, generation resource planning, or the availability of capital or other resources supporting identified transmission and distribution investment opportunities.
• The potential of non-compliance with debt covenants in our credit facilities.
2 unchanged sentences
• Changes to significant accounting policies.
−Removed: • Any changes in tax laws or regulations, including, but not limited to, the IRA of 2022, or adverse tax audit results or rulings.
+Added: • Any changes in tax laws or regulations, including, but not limited to, the IRA of 2022, or adverse tax audit results or rulings and potential changes to such laws and regulations as a result of the new U.S.
+Added: presidential administration.
• The risks and other factors discussed from time to time in our SEC filings.
Dividends declared from time to time on our common stock during any period may in the aggregate vary from prior periods due to circumstances considered by the FE Board at the time of the actual declarations.
−Removed: A security rating is not a recommendation to
−Removed: buy or hold securities and is subject to revision or withdrawal at any time by the assigning rating agency.
+Added: A security rating is not a recommendation to buy or hold securities and is subject to revision or withdrawal at any time by the assigning rating agency.
Each rating should be evaluated independently of any other rating.
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FINANCIAL CONDITION AND RESULTS OF OPERATIONS
−Removed: FIRSTENERGY’S BUSINESS
−Removed: FE and its subsidiaries are principally involved in the transmission, distribution and generation of electricity through its reportable segments Regulated Distribution and Regulated Transmission.
−Removed: On January 1, 2024, FirstEnergy consolidated the Pennsylvania Companies into FE PA, including OE subsidiary, Penn, making FE PA a new, single operating entity.
−Removed: In addition to merging each of the Pennsylvania Companies with and into FE PA, with FE PA surviving such mergers as the successor-in-interest to all assets and liabilities of the Pennsylvania Companies, (i) WP transferred certain of its Pennsylvania-based transmission assets to KATCo, and (ii) PN and ME contributed their respective Class B equity interests of MAIT to FE.
−Removed: FE PA, as of January 1, 2024, is FE’s only regulated distribution utility in Pennsylvania encompassing the operations previously conducted individually by the Pennsylvania Companies and serves an area with a population of approximately 4.5 million.
−Removed: FE PA operates under the rate districts of the former Pennsylvania Companies.
−Removed: FirstEnergy is also evaluating the legal, financial, operational and branding benefits of consolidating the Ohio Companies into a single Ohio utility company.
−Removed: The Regulated Distribution segment distributes electricity through FirstEnergy’s utility operating companies, serving approximately six million customers within 65,000 square miles of Ohio, Pennsylvania, West Virginia, Maryland, New Jersey and New York, and purchases power for its POLR, SOS, SSO and default service requirements in Ohio, Pennsylvania, New Jersey, and Maryland.
−Removed: This segment also controls 3,580 MWs of regulated electric generation capacity located primarily in West Virginia and Virginia.
−Removed: The segment's results reflect the costs of securing and delivering electric generation from transmission facilities to customers, including the deferral and amortization of certain related costs.
−Removed: The service areas and number of customers served by FirstEnergy's regulated distribution utilities as of December 31, 2023, are summarized below:
−Removed: Company Area Served Customers Served
−Removed: (In thousands)
−Removed: JCP&L Northern, Western and East Central New Jersey 1,167
−Removed: OE Central and Northeastern Ohio 1,072
−Removed: CEI Northeastern Ohio 758
−Removed: WP Southwest, South Central and Northern Pennsylvania 739
−Removed: PN Western, Northern, and South Central Pennsylvania, and Western New York 589
−Removed: ME Eastern Pennsylvania 590
−Removed: PE Western Maryland and Eastern West Virginia 445
−Removed: MP Northern, Central and Southeastern West Virginia 397
−Removed: TE Northwestern Ohio 316
−Removed: Penn Western Pennsylvania 171
−Removed: The Regulated Transmission segment provides transmission infrastructure owned and operated by the Transmission Companies and certain of FirstEnergy's utilities (JCP&L, MP, PE and WP) to transmit electricity from generation sources to distribution facilities.
−Removed: The segment's revenues are derived from primarily forward-looking formula rates, pursuant to which the revenue requirement is updated annually based on a projected rate base and projected costs, which is subject to an annual true-up based on actual rate base and costs.
+Added: EXECUTIVE SUMMARY AND RECENT DEVELOPMENTS
+Added: Company Overview
+Added: FirstEnergy is dedicated to integrity, safety, reliability and operational excellence and is principally involved in the transmission, distribution and generation of electricity through its reportable segments:
+Added: Distribution, Integrated and Stand-Alone Transmission.
+Added: Its electric distribution companies form one of the nation's largest investor-owned electric systems, serving over six million customers in Ohio, Pennsylvania, New Jersey, West Virginia, Maryland and New York.
+Added: FirstEnergy’s transmission subsidiaries operate more than 24,000 miles of transmission lines that connect the Midwest and Mid-Atlantic regions and two regional transmission operation centers.
+Added: As of December 31, 2024, AGC and MP control 3,604 MWs of net maximum generation capacity.
+Added: Segment Overview
+Added: During the first quarter of 2024, FirstEnergy’s segment reporting structure was modified to increase transparency for leadership and investors, simplify the presentation to corresponding legal entities, and align FirstEnergy’s earnings, cash flows and balance sheets at the business unit level.
+Added: FirstEnergy’s reportable segments are as follows:
+Added: The Distribution segment, which consists of the Ohio Companies and FE PA, representing $11 billion in rate base as of December 31, 2024, distributes electricity through FirstEnergy’s electric operating companies in Ohio and Pennsylvania.
+Added: The Distribution segment serves approximately 4.3 million customers in Ohio and Pennsylvania across its distribution footprint and purchases power for its provider of last resort, SOS, standard service offer and default service requirements.
+Added: The segment’s results reflect the costs of securing and delivering electric generation to customers, including the deferral and amortization of certain costs.
+Added: The Integrated segment includes the distribution and transmission operations under JCP&L, MP and PE, as well as MP’s regulated generation operations, representing $9.6 billion in rate base as of December 31, 2024.
+Added: The Integrated segment distributes electricity to approximately 2 million customers in New Jersey, West Virginia and Maryland across its distribution footprint;
+Added: provides transmission infrastructure in New Jersey, West Virginia, Maryland and Virginia to transmit electricity and operates 3,604 MWs of regulated net maximum generation capacity located primarily in West Virginia and Virginia.
+Added: The segment will also include MP and PE’s 50 MWs of solar generation at five sites in West Virginia once complete.
+Added: The first two solar generation sites were completed and placed in service in January and September 2024, representing 24 MWs of net maximum generating capacity.
+Added: The remaining three sites, once completed, are expected to provide 26 MWs of additional net maximum generation capacity.
+Added: The Stand-Alone Transmission segment, which consists of FE's ownership in FET and KATCo, representing $5.3 billion in rate base as of December 31, 2024, includes transmission infrastructure owned and operated by the Transmission Companies and used to transmit electricity.
+Added: The segment’s revenues are primarily derived from forward-looking formula rates, pursuant to which the revenue requirement is updated annually based on a projected rate base and projected costs, which is subject to an annual true-up based on actual rate base and costs.
The segment’s results also reflect the net transmission expenses related to the delivery of electricity on FirstEnergy’s transmission facilities.
−Removed: As described above, Brookfield holds 19.9% of the issued and outstanding membership interests of FET and has entered into an agreement to purchase from FE, an incremental 30% equity interest in FET, such that Brookfield’s interest in FET will increase from 19.9% to 49.9%, while FE will retain the remaining 50.1%.
−Removed: The transaction is subject to customary closing conditions, including PPUC approval, and is expected to close by the end of the first quarter of 2024.
−Removed: Upon closing, FET will continue to be consolidated in FirstEnergy’s financial statements.
−Removed: Corporate/Other reflects corporate support and other costs not charged or attributable to the Utilities or Transmission Companies, including FE's retained Pension and OPEB assets and liabilities of former subsidiaries, interest expense on FE’s holding company debt and other investments or businesses that do not constitute an operating segment, including FEV's investment of 33-1/3% equity ownership in Global Holding.
−Removed: Additionally, reconciling adjustments for the elimination of inter-segment transactions are included in Corporate/Other.
−Removed: As of December 31, 2023, 67 MWs of electric generating capacity,
−Removed: representing AE Supply's OVEC capacity entitlement, was also included in Corporate/Other for segment reporting.
+Added: KATCo, which was a subsidiary of FET, became a wholly owned subsidiary of FE prior to the closing of the FET P&SA I and remains in the Stand-Alone Transmission segment.
+Added: On January 1, 2024, WP transferred certain of its Pennsylvania-based transmission assets to KATCo and prior year results in the Stand-Alone Transmission segment reflect the earnings and results of those WP transmission assets.
+Added: Corporate/Other reflects corporate support and other costs not charged or attributable to the Electric Companies or Transmission Companies, including FE’s retained pension and OPEB assets and liabilities of former subsidiaries, interest expense on FE’s holding company debt and other investments or businesses that do not constitute an operating segment, including FEV’s investment of 33-1/3% equity ownership in Global Holding.
+Added: Also included in Corporate/Other for segment reporting is 67 MWs of net maximum generation capacity, representing AE Supply’s OVEC capacity entitlement.
As of December 31, 2024, Corporate/Other had approximately $6.1 billion of external FE holding company debt.
−Removed: In 2024, FirstEnergy changed its reportable segments to include the following:
−Removed: • Distribution Segment, which will consist of the Ohio Companies and FE PA;
−Removed: • Integrated Segment, which will consist of MP, PE and JCP&L;
−Removed: • Stand-Alone Transmission Segment, which will consist of FE's ownership in FET and KATCo.
−Removed: On January 1, 2024, WP transferred certain of its Pennsylvania-based transmission assets to KATCo.
−Removed: Corporate/Other will continue to reflect corporate support and other support costs not charged or attributable to the Utilities or Transmission Companies, including FE's retained Pension and OPEB assets and liabilities of former subsidiaries, interest expense on FE's holding company debt and other investments or businesses that do not constitute an operating segment, including FEV's investment of 33-1/3% equity ownership in Global Holding.
−Removed: EXECUTIVE SUMMARY
−Removed: FirstEnergy is a forward-thinking electric utility centered on integrity, powered by a diverse team of employees, committed to making customers’ lives brighter, the environment better and our communities stronger.
−Removed: FirstEnergy's core values encompass what matters most to the company.
−Removed: They guide the decisions we make and the actions we take.
−Removed: FirstEnergy's core values should inspire our actions today and shine a light on who we aspire to be in the future.
−Removed: FirstEnergy Core Values:
−Removed: We always act ethically with honesty, humility and accountability.
−Removed: We keep ourselves and others safe.
−Removed: • Diversity, Equity and Inclusion:
−Removed: We embrace differences, ensure every employee is treated fairly and create a culture where everyone feels they belong.
−Removed: • Performance Excellence:
−Removed: We pursue excellence and seek opportunities for growth, innovation and continuous improvement.
−Removed: • Stewardship:
−Removed: We positively impact our customers, communities and other stakeholders, and strive to protect the environment.
−Removed: Employees are encouraged and expected to have conversations with their leaders and peers about the core values and FirstEnergy's commitment to building a culture centered on integrity.
−Removed: At FirstEnergy, we are dedicated to staying true to our mission and core values.
−Removed: We understand the impact our company can make in the world around us, which means pursuing initiatives and goals that align with our foundational principles, support our EESG and strategic priorities and positively impact our stakeholders.
−Removed: To solidify our role as an industry leader, we have developed a long-term strategy with priorities that are centered on our mission statement.
−Removed: These priorities reflect a strong foundation with a customer-centered focus that emphasizes modern experiences, new growth and affordable energy bills, and enables the energy transition to a clean, resilient and secure electric grid.
−Removed: We are proud of the steps we have already taken to demonstrate our commitment to our strategy and look forward to improving our performance and executing on these strategic priorities.
−Removed: On June 1, 2023, Brian X.
−Removed: Tierney joined the FE Board and began serving as President and Chief Executive Officer of FirstEnergy.
−Removed: Tierney previously served as Senior Managing Director and Global Head of Operations and Asset Management at Blackstone Infrastructure Partners.
−Removed: Prior to joining Blackstone Infrastructure Partners in July 2021, Mr.
−Removed: Tierney spent 23 years with AEP.
−Removed: Somerhalder II ceased serving as Interim President and Chief Executive Officer on May 31, 2023, and continues to serve as the Chair of the FE Board.
−Removed: We are focused on making the necessary investments in our core regulated businesses, our employees and in our systems to enhance the customer experience.
−Removed: To execute that vision, we are shifting decision-making and accountability closer to where the work is being done to serve customers.
−Removed: We are making progress to fill several key executive positions in an organization that will be structured to allow greater execution at the business unit level, including the following:
−Removed: • On November 30, 2023, Toby L.
−Removed: Thomas joined FirstEnergy as the Chief Operating Officer.
−Removed: Thomas previously served as Senior Vice President, Energy Delivery at AEP, where he was responsible for transmission engineering, construction, operations, maintenance and compliance, and creating efficiencies by bringing together transmission and distribution-related engineering and standards.
−Removed: Thomas spent 22 years at AEP.
−Removed: • On December 18, 2023, A.
−Removed: Wade Smith joined FirstEnergy as President, FirstEnergy Utilities.
−Removed: Smith previously served as the Executive Vice President and Chief Operating Officer of Puget Sound Energy, Inc.
−Removed: Prior to joining Puget Sound Energy, Inc., Mr.
−Removed: Smith held a variety of roles and has more than 30 years of industry experience.
−Removed: Additionally, five business unit executives will lead our state operations and our stand-alone transmission companies.
−Removed: In our new organization, the business unit executives will have financial responsibility and will be accountable for regulatory direction and outcomes, as well as operational performance.
−Removed: Beginning in 2024, FirstEnergy changed its reportable segments to align with its updated organizational structure, and will include:
−Removed: Distribution Segment, which will consist of the Ohio Companies and FE PA;
−Removed: Integrated Segment, which will consist of MP, PE and JCP&L and provides distribution, transmission, and for MP, generation, services to their customers;
−Removed: and Stand-Alone Transmission Segment, which will consist of FE's ownership in FET and KATCo.
−Removed: Corporate/Other will continue to reflect
−Removed: corporate support and other support costs not charged to the Distribution, Integrated or Transmission segments, including FE's retained Pension and OPEB assets and liabilities of former subsidiaries, interest expense on FE's holding company debt and other investments or businesses that do not constitute an operating segment, including FEV's investment of 33-1/3% equity ownership in Global Holding.
−Removed: This will simplify its segment reporting to provide more transparency and align with its new organizational structure that allows for financial and operational decision-making in how we manage our business.
−Removed: This provides:
+Added: FirstEnergy believes that this segment reporting serves to provide:
• Greater transparency into our business unit performance;
−Removed: • Alignment with our cash flow, credit metrics, balance sheet and earnings;
−Removed: • Simplification of our segment reporting so entire entity resides within a segment;
+Added: • Alignment with our cash flow, credit metrics, balance sheet and earnings to the companies comprising each segment;
+Added: • Simplification of our segment reporting so that each entire entity resides within a segment;
• Consistency with peers.
−Removed: In 2023, FirstEnergy made investments of $3.7 billion, which was $300 million above our original plan.
−Removed: As a fully regulated electric utility, FirstEnergy is focused on stable and predictable earnings and cash flow through investments that deliver enhanced customer service and reliability.
−Removed: Energize365 is the centerpiece of FirstEnergy’s regulated distribution and transmission capital investment strategy that aims to utilize all investments to support our EESG and strategic priorities including clean energy, improving grid reliability and resiliency and supports a carbon neutral future.
−Removed: Through the Energize365 program, FirstEnergy expects approximately $26 billion in system-wide capital investments from 2024 through 2028, which is comprised of 29% Distribution, 39% Integrated and 32% Stand-Alone Transmission and are focused on the following:
−Removed: • Energy Transition:
−Removed: Distribution and Transmission investments made to support improvements in grid reliability and resiliency and support interconnection of renewable sources.
−Removed: ◦ Clean Energy:
−Removed: Including West Virginia solar generation, energy efficiency, electric vehicle infrastructure and energy storage
−Removed: ◦ Grid Modernization:
−Removed: Programs to drive system resiliency through automation technology and communication, including Ohio's Grid Mod I and II, Pennsylvania's LTIIP, New Jersey's EnergizeNJ, and implementing advanced metering infrastructure
−Removed: ◦ Transmission:
−Removed: ▪ Operational Flexibility Projects that build capacity and support evolving grid such as interconnection of New Jersey offshore wind and data center load
−Removed: ▪ Enhance system performance by implementing new designs and technologies to reduce load at risk
−Removed: ▪ Upgrade system conditions that enhance reliability
−Removed: • Infrastructure Renewal:
+Added: PA Consolidation
+Added: On January 1, 2024, FirstEnergy consolidated the Pennsylvania Companies into FE PA, rendering FE PA a new, single operating entity and the successor-in-interest to all assets and liabilities of the Pennsylvania Companies.
+Added: As of January 1, 2024, FE PA is FE’s only regulated distribution power company in Pennsylvania encompassing the operations previously conducted individually by the Pennsylvania Companies.
+Added: FirstEnergy continues to evaluate the legal, financial, operational and branding benefits of consolidating the Ohio Companies into a single Ohio power company.
+Added: Also on January 1, 2024, WP transferred certain of its Pennsylvania-based transmission assets to KATCo, and PN and ME contributed their respective Class B equity interests of MAIT to FE, which were ultimately contributed to FET in exchange for a special purpose membership interest in FET.
+Added: So long as FE holds the FET special purpose membership interests, it will receive 100% of any Class B distributions made by MAIT.
+Added: FET Equity Interest Sale
+Added: On February 2, 2023, FE, along with FET, entered into the FET P&SA II with Brookfield and the Brookfield Guarantors, pursuant to which FE agreed to sell to Brookfield at the closing, and Brookfield agreed to purchase from FE, an incremental 30% equity interest in FET for a purchase price of $3.5 billion.
+Added: The FET Equity Interest Sale closed on March 25, 2024 and FET continues to be consolidated in FirstEnergy’s financial statements.
+Added: The purchase price was paid in part by the issuance of two promissory notes at closing having an aggregate principal amount of $1.2 billion with:
+Added: (i) one promissory note having an aggregate principal amount of $750 million, at an interest rate of 5.75% per annum, with a maturity date of September 25, 2025 and (ii) one promissory note having an aggregate principal amount of $450 million, at an interest rate of 7.75% per annum, with a maturity date of December 31, 2024.
+Added: The remaining $2.3 billion of the purchase price was paid in cash at closing.
+Added: On July 17, 2024, Brookfield paid FE approximately $1.2 billion in full satisfaction of the promissory notes.
+Added: Interest income associated with the promissory notes was $24 million for the year ended December 31, 2024 and is reported within “Miscellaneous income, net” on FirstEnergy’s Consolidated Statements of Income.
+Added: As a result of the consummation of the transaction, Brookfield’s interest in FET increased from 19.9% to 49.9%, while FE retained the remaining 50.1% ownership interests of FET.
+Added: Asset Retirement Obligations
+Added: On May 8, 2024, the EPA finalized changes to the CCR regulations addressing inactive surface impoundments at inactive electric utilities, known as legacy CCR surface impoundments, and in November 2024 and January 2025, the EPA made several technical corrections to the rule.
+Added: The rule extends 2015 CCR rule requirements for groundwater monitoring and protection procedures, operational and reporting procedures, as well as closure requirements for impoundments and landfills that were not originally included for coverage by the 2015 CCR rule.
+Added: In anticipation of such expenditures, FirstEnergy performed a preliminary assessment of former CCR disposal sites and calculated an initial estimate applying historical experience in remediating comparable sites.
+Added: As a result, FirstEnergy recorded a $139 million increase to its ARO during 2024, of which $113 million is included in “Other operating expenses” on the Consolidated Statements of Income and was not capitalized as an asset retirement cost since the associated plants do not have future cash flows.
+Added: On November 30, 2020, AE Supply submitted a closure deadline extension request to the EPA seeking to extend the cease accepting waste date for the McElroy's Run CCR impoundment facility to October 2024, which request was withdrawn by AE Supply on July 9, 2024, prior to the completion of the technical review by the EPA.
+Added: As of May 31, 2024, AE Supply ceased accepting waste at the McElroy’s Run CCR impoundment facility from Pleasants Power Station.
+Added: As of December 31, 2024, AE Supply continues to operate the dry landfill adjacent to McElroy’s Run as a disposal facility for Pleasants Power Station.
+Added: During the second quarter of 2024, as a result of the evaluation of closure options for McElroy’s Run and the adjacent landfill, AE Supply reviewed its ARO and future expected costs to remediate, resulting in an increase to the ARO liability and corresponding increase to “Other operating expense” of $87 million at Corporate/Other for segment reporting.
+Added: On February 3, 2025, AE Supply executed an environmental liability transfer agreement with a subsidiary of IDA Power, LLC, whereby AE Supply will transfer the McElroy’s Run CCR impoundment facility and adjacent dry landfill and related remediation obligations.
+Added: The agreement requires AE Supply to establish a $160 million escrow account that AE Supply will fund over five years.
+Added: The escrow funding obligation will be secured by a surety bond, which will be guaranteed by FE.
+Added: The transaction is expected to close before the end of the first quarter of 2025 and the derecognition of the ARO is not expected to have a material impact to FirstEnergy’s financial statements, however, no assurances of the closing of the transfer will be satisfied, including transfer of all required environmental permits.
+Added: See Note 10, “Asset Retirement Obligations,” of the Notes to Consolidated Financial Statements.
+Added: Powered by its employees and guided by its experienced leadership team and engaged FE Board, FirstEnergy is accelerating its transformation into a premier electric company.
+Added: The FE Board and FirstEnergy’s executive management team are aligned behind a business model grounded in investing, operating, recovering costs and financing our regulated electric company operations.
+Added: This business model aims to create a “virtuous cycle” that, in turn, serves to improve reliability and the customer experience, grow rate base, engage employees, improve returns and maintain a strong balance sheet.
+Added: Along with an unwavering commitment to ethics and integrity, performance excellence and continuous improvement, FirstEnergy anticipates that strong execution of this model will help achieve its strategic objectives and deliver value to its investors.
+Added: With a diversified asset mix, improved balance sheet and a strong affordability position, FirstEnergy is well positioned to significantly enhance the customer experience and provide value to its investors.
+Added: FirstEnergy invests in its regulated operations to improve reliability and the customer experience, and in its people to attract, retain and develop talented, diverse and engaged employees to carry out its strategy.
+Added: This includes the following:
+Added: • A robust plan for customer-focused growth, Energize365 is the centerpiece of FirstEnergy’s regulated distribution and transmission capital investment strategy that aims to strengthen the grid and enable the energy transition.
+Added: Through the Energize365 program, FirstEnergy invested $4.5 billion in 2024, approximately 20% higher than 2023, and expects to spend approximately $28 billion in system-wide capital investments from 2025 through 2029.
+Added: FirstEnergy expects that these investments will comprise the Distribution segment (26%), the Integrated segment (39%), and the Stand-Alone Transmission segment (34%), focusing on the following:
+Added: • Distribution and Transmission investments to support improvements in grid reliability and resiliency and support the energy transition, including through:
+Added: ◦ Programs to drive system resiliency through automation technology and communication, including phases one and two of the Ohio Companies’ distribution grid modernization plans, Pennsylvania's LTIIP, New Jersey's EnergizeNJ, and implementing advanced metering infrastructure;
+Added: ◦ Operational flexibility projects that are expected to build capacity and support the evolving grid such as interconnection of New Jersey offshore wind and data center load;
+Added: ◦ Enhancing system performance by implementing new designs and technologies to reduce load at risk;
+Added: ◦ Upgrading system conditions that enhance reliability.
+Added: • West Virginia solar generation projects, energy efficiency initiatives, electric vehicle infrastructure and energy storage projects.
• Base distribution projects to address aging infrastructure.
−Removed: • Fossil Generation:
−Removed: Projects to maintain operations of fossil plants and remain compliant with environmental regulations through the end of their useful life
−Removed: FirstEnergy believes there is a continued long-term pipeline of investment opportunities for its existing distribution and transmission infrastructure beyond those identified through 2028, which are expected to strengthen grid and cyber security and make the transmission system more reliable, robust, secure and resistant to extreme weather events, with improved operational flexibility.
−Removed: FirstEnergy has an active regulatory calendar to support its regulated growth strategy and address the critical investments that support reliability and a smarter and cleaner electric grid, including:
−Removed: • On January 13, 2023, MP and PE filed a request with the WVPSC seeking approval of new depreciation rates for existing and future capital assets.
−Removed: On August 22, 2023, the parties filed a unanimous settlement of the case recommending a $33 million annual increase in depreciation expense, effective April 1, 2024.
−Removed: An order is expected in the first quarter of 2024 concurrent with approval of MP and PE’s base rate case described below;
−Removed: • On March 16, 2023, JCP&L filed a base rate case in New Jersey, requesting a $185 million increase in base distribution revenues, which supports investments to strengthen the energy grid, enhance the customer experience and provide assistance to low-income as well as senior citizen customers.
−Removed: JCP&L subsequently updated its base rate case on August 7, 2023, which, among other things, increased its proposed annual net increase in base rate distribution revenues to approximately $192 million.
−Removed: Key proposals to the filing include:
−Removed: a distribution rate base of $3.1 billion, ROE of 10.4%, and a capital structure of debt/equity of 48%/52%.
+Added: • Generation maintenance projects that maintain operations of fossil fuel plants and remain compliant with environmental regulations through the end of their useful life.
+Added: • FirstEnergy believes there is a continued long-term pipeline of investment opportunities for its existing distribution and transmission infrastructure beyond those opportunities identified through 2029, which are expected to strengthen grid
+Added: and cyber security and make the transmission system more reliable, robust, secure and resistant to extreme weather events, with improved operational flexibility.
+Added: • On July 26, 2024, FE, VEPCO and Transource Energy, LLC, a subsidiary of AEP, entered into a joint proposal agreement in connection with PJM’s 2024 Regional Transmission Expansion Plan Open Window 1 process.
+Added: Pursuant to such joint proposal agreement, FET, VEPCO and Transource Energy, LLC jointly proposed certain regional electric transmission projects for PJM's consideration during the Open Window process.
+Added: On November 25, 2024, FET, Dominion High Voltage MidAtlantic, Inc., as affiliate of VEPCO, and Transource Energy, LLC, formed Valley Link, which is the holding company responsible for managing and executing any projects awarded by PJM, and entered into a limited liability agreement.
+Added: On February 26, 2025, PJM selected certain of the joint proposed projects, which included approximately $3 billion in investments for Valley Link to both build new and upgrade existing transmission infrastructure.
+Added: • A refreshed and revitalized leadership team.
+Added: During 2024, FirstEnergy appointed five executives to oversee the Maryland/West Virginia, Ohio, Pennsylvania, New Jersey and Transmission operations.
+Added: Additionally, FirstEnergy also announced the hiring of five vice presidents that will be responsible for developing and implementing the financial strategy and oversee relationships with regulators for Pennsylvania, New Jersey, West Virginia, Maryland, Ohio and Transmission.
+Added: FirstEnergy will continue to engage its skilled, trained, talented and diverse team of employees to effectively implement its investment plans, seek opportunities for continuous improvement as it delivers safe, reliable and affordable electricity to our customers, and deliver value to its investors.
+Added: It aims to do so through the following:
+Added: • Enhancing the focus on the customer.
+Added: FirstEnergy has shifted more decision-making and accountability for our operations closer to our customers, regulators and employees doing the work.
+Added: FirstEnergy’s new operating structure is organized as follows:
+Added: Ohio, Pennsylvania, New Jersey, West Virginia/Maryland and FirstEnergy’s Standalone Transmission properties.
+Added: This structure fosters better execution at the business unit level.
+Added: • Embracing a continuous improvement mindset.
+Added: FirstEnergy is focused on operational excellence through strong execution of our capital investments to enhance the customer experience and support the energy transition, managing costs and keeping customer bills affordable and reducing regulatory lag.
+Added: FirstEnergy is establishing a track record of strong execution.
+Added: Operating effectively leads to strong, predictable results and enhances credibility with our stakeholders.
+Added: In turn, FirstEnergy builds supportive relationships with regulators, customers and intervenors in an effort to drive positive rate outcomes that support recovery of its investments.
+Added: In order to achieve important regulatory milestones, FirstEnergy has an active regulatory calendar to support its regulated growth strategy and address the critical investments that support reliability and a smarter electric grid.
+Added: This includes the following:
+Added: • On March 16, 2023, JCP&L filed a base rate case in New Jersey, requesting a $185 million increase in base distribution revenues to support investments to strengthen the energy grid, enhance the customer experience and provide assistance to low-income and senior citizen customers.
On February 1, 2024, JCP&L, joined by various parties, filed a stipulated settlement with the NJBPU resolving JCP&L’s request for a distribution base rate increase.
−Removed: The settlement provides for an $85 million annual base distribution revenues increase for JCP&L, which, if approved by the NJBPU, is expected to be effective for customers on June 1, 2024;
−Removed: • On April 5, 2023, the Ohio Companies sought approval from the PUCO for its ESP V.
−Removed: The proposed plan would maintain an eight-year term beginning June 1, 2024, and seeks to continue riders recovering costs associated with distribution infrastructure investments and approved grid modernization investments.
−Removed: ESP V additionally proposes new riders that would support reliability, and includes provisions supporting affordability and enhancing the customer experience;
−Removed: • On May 31, 2023, MP and PE filed a base rate case in West Virginia requesting a $207 million increase in revenue, which supports reliability investments, grid resiliency, an enhanced customer experience and provides assistance to low-income customers.
−Removed: Key proposals to the filing include:
−Removed: a distribution rate base of $3.2 billion, ROE of 10.85%, and a capital structure of debt/equity of 51%/49%.
−Removed: On January 23, 2024, MP, PE and various parties filed with a joint settlement agreement with the WVPSC, which recommends a base rate increase of $105 million.
−Removed: Among other things,
−Removed: the settlement additionally includes a new low-income customer advocacy program, storm restoration work and service reliability investments.
−Removed: An order is expected by the end of the first quarter of 2024 with new rates to be effective upon the issuance of such order;
−Removed: • On October 18, 2023, the MDPSC issued an order approving an annual increase in base distribution rates of $28 million, effective October 19, 2023, with respect to the base rate case that PE filed on March 22, 2023.
−Removed: The MDPSC denied PE’s request to establish a pension/OPEB regulatory asset, rejected the continuation of PE’s EDIS, and allowed recovery of most COVID-19 deferred costs.
−Removed: The MDPSC also ordered an independent audit of certain allocations from FESC to PE and denied recovery of approximately $12 million in rate base associated with certain corporate support costs recorded to capital accounts resulting from the FERC Audit.
−Removed: On January 3, 2024, the MDPSC issued an order granting PE’s request for reconsideration and increased PE’s allowed distribution rates by another $0.7 million;
−Removed: • On November 9, 2023, JCP&L also filed with the NJBPU a petition for approval of the second phase of its EnergizeNJ program that would, among other things, support grid modernization, system resiliency and substation modernization in technologies designed to provide enhanced customer benefits.
−Removed: JCP&L anticipates filing amendments to the EnergizeNJ program after receipt of approval from the NJBPU of the base rate case stipulation that was filed on February 2, 2024;
−Removed: • FE PA plans to file a base rate case by April 2024 and request approval for the continuation of its LTIIP program by the end of the third quarter of 2024;
−Removed: • The Ohio Companies plan to file a base rate case in the second quarter of 2024.
−Removed: On February 2, 2023, FE, along with FET, entered into the FET P&SA II with Brookfield and the Brookfield Guarantors, pursuant to which FE agreed to sell to Brookfield at the closing, and Brookfield agreed to purchase from FE, an incremental 30% equity interest in FET for a purchase price of $3.5 billion.
−Removed: The majority of the purchase price is expected to be paid in cash upon closing, and the remainder will be payable by the issuance of a promissory note, which is expected to be repaid by the end of 2024.
−Removed: As a result of the consummation of the transaction, Brookfield’s interest in FET will increase from 19.9% to 49.9%, while FE will retain the remaining 50.1% ownership interests of FET.
−Removed: The transaction is subject to customary closing conditions, including approval from the PPUC.
−Removed: In addition, pursuant to the FET P&SA II, FirstEnergy made the necessary filings with the applicable regulatory authorities for the PA Consolidation.
−Removed: The FET Minority Equity Interest Sale is expected to close by the end of the first quarter of 2024.
−Removed: Upon closing, FET will continue to be consolidated in FirstEnergy’s financial statements.
−Removed: On January 1, 2024, FirstEnergy consolidated the Pennsylvania Companies into FE PA, including OE subsidiary, Penn, making FE PA a new, single operating entity.
−Removed: In addition to merging each of the Pennsylvania Companies with and into FE PA, with FE PA surviving such mergers as the successor-in-interest to all assets and liabilities of the Pennsylvania Companies, (i) WP transferred certain of its Pennsylvania-based transmission assets to KATCo, and (ii) PN and ME contributed their respective Class B equity interests of MAIT to FE.
−Removed: FE PA, as of January 1, 2024, is FE’s only regulated distribution utility in Pennsylvania encompassing the operations previously conducted individually by the Pennsylvania Companies and serves an area with a population of approximately 4.5 million.
−Removed: FE PA operates under the rate districts of the former Pennsylvania Companies.
−Removed: FirstEnergy is also evaluating the legal, financial, operational and branding benefits of consolidating the Ohio Companies into a single Ohio utility company.
−Removed: FirstEnergy is focused on continuous improvement, including the strategic reduction of operating expenditures and continued reinvestment in a more diverse capital program in support of our long-term strategy.
−Removed: We have begun implementing our facility optimization plans, which focus on both cost savings and alignment with our flexible working arrangements, and will result in our exiting the General Office in Akron, Ohio, and other corporate facilities in Brecksville, Ohio, Greensburg, Pennsylvania and Morristown, New Jersey beginning in 2024.
−Removed: In December 2023, FirstEnergy purchased the General Office building with the intention to sell in the future.
−Removed: It is currently expected that the exit of the General Office and sale will occur in 2025.
−Removed: Our corporate headquarters will remain in Akron, moving to our West Akron Campus, and we continue to explore real estate options and relocation opportunities for the other corporate facilities.
−Removed: As FirstEnergy continues to transform the business and implement initiatives to reduce costs, including the facility optimization plan, the impact of such actions may result in future impairments or other charges that may be significant.
−Removed: The result of our combined efforts will help build a stronger, more sustainable company for the near and long term.
−Removed: On May 4, 2023, FE issued $1.5 billion aggregate principal amount of 2026 Convertible Notes, with a fixed interest rate of 4.00% per year, payable semiannually in arrears on May 1 and November 1 of each year, beginning on November 1, 2023.
−Removed: The 2026 Convertible Notes are unsecured and unsubordinated obligations of FE, and will mature on May 1, 2026, unless required to be converted or repurchased in accordance with their terms.
−Removed: However, FE may not elect to redeem the 2026 Convertible Notes prior to the maturity date.
−Removed: See “Capital Resources and Liquidity - Convertible Notes" below for more details.
−Removed: On May 9, 2023, FirstEnergy announced a voluntary retirement program for eligible non-bargaining employees, known as the PEER.
−Removed: More than 65% of eligible employees, totaling approximately 450 employees, accepted the PEER, which included lump sum compensation equivalent to severance benefits, healthcare continuation costs and a temporary pension enhancement.
−Removed: Most PEER participating employees departed in 2023.
−Removed: The temporary pension enhancement and healthcare continuation costs are classified as special termination costs within net periodic benefit costs (credits).
−Removed: In addition to the PEER, FirstEnergy notified and involuntarily separated approximately 90 employees on May 9, 2023.
−Removed: Management expects the cost savings resulting from these initiatives to support FirstEnergy’s growth plans.
−Removed: In September 2023, the FE Board declared a $0.02 per share increase to the quarterly common dividend payable December 1, 2023, to $0.41 per share, which represents a 5% increase compared to the quarterly payments of $0.39 per share paid by FE since March 2020.
−Removed: Modest dividend growth enables enhanced shareholder returns, while still allowing for continued substantial regulated investments.
−Removed: Dividend payments are subject to declaration by the FE Board and future dividend decisions determined by the FE Board may be impacted by earnings growth, cash flows, credit metrics, risks and uncertainties of the government investigations and other business conditions.
−Removed: In December 2023, FirstEnergy, executed a lift-out transaction with Banner Life Insurance Company and Reinsurance Group of America that transferred approximately $683 million of plan assets and $719 million of plan obligations, associated with approximately 1,900 former FES and FENOC employees, who will assume future and full responsibility to fund and administer their benefit payments.
−Removed: There was no change to the pension benefits for any participants as a result of the transfer.
−Removed: The transaction was funded by pension plan assets and resulted in a pre-tax gain of approximately $36 million, which was included in the fourth quarter 2023 pension mark-to-market charge.
−Removed: FirstEnergy expects that the transaction further de-risked potential volatility with the pension plan assets and liabilities, and FirstEnergy will continue to evaluate other lift-outs in the future based on market and other conditions.
−Removed: Climate Strategy
−Removed: Our commitment to climate is a significant component of our company’s overarching strategy, especially our desire to enable the transition to a clean energy future.
−Removed: Executing our Climate Strategy and advancing the transition to clean energy requires addressing, among other things:
−Removed: emerging federal and state decarbonization goals;
−Removed: physical risks of climate change;
−Removed: industry trends and technology advancements;
−Removed: and customer expectations for cleaner energy, increased usage control, and more sustainable alternatives in transportation, manufacturing and industrial processes.
−Removed: Through our investment plan, we aim to enhance the resiliency, reliability and security of the electric system and support the integration of renewables, electric vehicles, grid modernization improvements and other emerging technologies.
−Removed: As part of our Climate Strategy, we pledged in 2020 to achieve carbon neutrality by 2050.
−Removed: This GHG goal addresses company-wide emissions within our direct operational control, also known as Scope 1 emissions, across our transmission, distribution and regulated generation operations.
−Removed: At that time, we also set an interim target to reduce our GHG emissions by 30% from the 2019 baseline by 2030.
−Removed: After careful consideration and evaluation, we have made the determination to remove our interim target and remain focused on our 2050 goal.
−Removed: FirstEnergy’s primary focus is on our transmission and distribution businesses.
−Removed: However, emissions from our West Virginia power stations – Fort Martin and Harrison – serve as the primary source of our Scope 1 emissions - representing approximately 99% of our overall GHG emissions as of December 31, 2022 - and greatly outnumber the emissions from our transmission and distribution operations.
−Removed: As such, achieving the 2030 interim target was dependent on GHG reductions at Fort Martin and Harrison that could be realized only through a meaningful reduction in operation of these two plants prior to 2030.
−Removed: In 2020, the interim target and corresponding reduction strategy were believed to be within our operational control.
−Removed: However, the following challenges have emerged, impeding our path to achieve the 2030 interim target:
−Removed: • West Virginia supports coal generation, from political, regulatory, energy and economic perspectives, as illustrated in 2023 by its energy policy initiatives and actions.
−Removed: We believe an intentional reduction in output at the power stations solely to reduce GHG emissions would not be prudent, as it is inconsistent with the state’s energy policy.
−Removed: In light of the significant retirements of baseload generation scheduled through 2030, as reported by PJM, there is uncertainty about what resources will replace that generating capacity, including energy market developments that may make it more economical than originally projected to run our coal plants.
−Removed: In light of these challenges, we believe it was prudent to remove our 2030 interim target.
−Removed: We remain committed to achieving carbon neutrality for Scope 1 emissions by 2050.
−Removed: While we can no longer project that we can meaningfully reduce generation-based GHG emissions in West Virginia by 2030, we have publicly stated through various filings with the WVPSC, that the end of useful life date is 2035 for Fort Martin and 2040 for Harrison.
−Removed: These dates are based on our assessment of when it is projected to no longer be cost effective and beneficial to customers to make the capital investments needed to keep these facilities operating effectively and in compliance with evolving environmental regulations.
−Removed: In 2025, FirstEnergy will submit an Integrated Resource Plan to the WVPSC that will include our analysis of market conditions and identify how we believe we can best fulfill our obligation to supply our generation customers with reliable and cost-effective energy through 2040 (a requirement every five years in the state of West Virginia).
−Removed: In the near-term, we continue our focus on GHG reduction in our transmission and distribution businesses.
−Removed: These emissions are within our control, pervasive in every state across our footprint, and aligned with our long-term, forward-looking transmission and distribution strategy to enable the energy transition.
−Removed: In addition to moving beyond our two West Virginia power stations, key steps in working toward carbon neutrality by 2050 include:
−Removed: • Reducing sulfur hexafluoride emissions:
−Removed: We're working to repair or replace, as appropriate, transmission breakers that leak sulfur hexafluoride, which is a gas commonly used by energy companies as an electrical insulating material and arc extinguisher in high-voltage circuit breakers and switchgear.
−Removed: If escaped to the atmosphere, it acts as a potent GHG with a global warming potential significantly greater than CO 2 ;
−Removed: • Electrifying our vehicle fleet:
−Removed: We’re targeting 30% electrification of our light-duty and aerial truck fleet by 2030 and 100% electrification by 2050.
−Removed: To reach our electrification goal, we’re striving for 100% electric or hybrid vehicle purchases for our light-duty and aerial truck fleet moving forward.
−Removed: Determination of the useful life of the regulated coal-fired generating facilities could result in changes in depreciation, and/or continued collection of net plant in rates after retirement, securitization, sale, impairment or regulatory disallowances.
−Removed: If MP is unable to recover these costs, it could have a material adverse effect on FirstEnergy’s and/or MP’s financial condition, results of operations and cash flow.
+Added: The settlement, which was approved by the NJBPU on February 14, 2024, provides for an $85 million annual base distribution revenue increase for JCP&L, which became effective for customers on June 1, 2024.
+Added: • On November 9, 2023, JCP&L filed a petition for approval of its EnergizeNJ with the NJBPU that would, among other things, support grid modernization, system resiliency and substation modernization in technologies designed to provide enhanced customer benefits.
+Added: On February 14, 2024, the NJBPU approved the stipulated settlement between JCP&L and various parties, resolving JCP&L’s request for a distribution base rate increase.
+Added: On February 27, 2024, as part of the stipulated settlement, JCP&L amended its pending EnergizeNJ petition following receipt of NJBPU approval of the base rate case settlement, to remove the high-priority circuits that are to be addressed in the first phase of its reliability improvement plan and to include the second phase of its reliability improvement plan that is expected to further address certain high-priority circuits that require additional upgrades.
+Added: EnergizeNJ, if approved as amended, will result in the investment of approximately $930.5 million of total estimated costs over five years.
+Added: JCP&L and various parties are engaged in settlement discussions with respect to the pending EnergizeNJ petition.
+Added: • On December 1, 2023, JCP&L filed a petition with the NJBPU requesting approval of its EE&C Plan II, which covers the January 1, 2025 through June 30, 2027 period and had a proposed budget of approximately $964 million.
+Added: 30, 2024, the NJBPU approved the parties’ stipulation of settlement, wherein the parties agreed to a budget of approximately $817 million for EE&C Plan II, including $784 million of investments that will earn a return on equity of 9.6%, with an equity ratio of 52%, and will be recovered over 10 years.
+Added: • On April 5, 2023, the Ohio Companies sought approval from the PUCO for their ESP V.
+Added: The proposed plan would maintain an eight-year term beginning June 1, 2024, and continue riders recovering costs associated with distribution infrastructure investments and approved grid modernization investments.
+Added: ESP V additionally proposed new riders that would support reliability, and included provisions supporting affordability and enhancing the customer experience.
+Added: On May 15, 2024, the PUCO issued an order approving ESP V with modifications, which are described below in “Outlook - State Regulation - Ohio”.
+Added: On June 14, 2024, the Ohio Companies filed an Application for Rehearing, which was denied by operation of law as the PUCO did not rule on the applications for rehearing within 30 days of filing.
+Added: Due to the risks and uncertainty resulting from the Ohio Companies’ application for rehearing being denied by operation of law, on October 29, 2024, the Ohio Companies filed a notice of their intent to withdraw ESP V and proposed the terms under which they would resume operating under ESP IV, which was approved by the PUCO on December 18, 2024.
+Added: On January 22, 2025, the PUCO approved the Ohio Companies’ ESP IV compliance tariffs with an effective date of February 1, 2025, at which point the Ohio Companies resumed operating under ESP IV with modifications, as described below in “Outlook - State Regulation - Ohio”.
+Added: • On January 31, 2025, the Ohio Companies filed an application with the PUCO for ESP VI, which would begin concurrently with the effective date of any new base distribution rates resulting from the Ohio Companies’ pending base rate case and continue through May 31, 2028.
+Added: ESP VI proposes to continue existing riders to support continued maintenance of the distribution system, and to reestablish riders to recover vegetation management and storm restoration expenses.
+Added: ESP VI also includes provisions supporting affordability and enhancing the customer experience.
+Added: The PUCO has scheduled a technical conference for March 12, 2025.
+Added: • On April 12, 2024, the Ohio Companies and certain of the parties filed a stipulation that modified the Ohio Companies’ application for phase two of its grid modernization plan, which was approved by the PUCO on December 18, 2024.
+Added: The stipulation provides for the deployment of approximately 1.4 million smart meters to the balance of the Ohio Companies’ customers.
+Added: Phase two of the distribution grid modernization plan, as modified by the stipulation would be completed over a four-year budget period with estimated capital investments of approximately $421 million.
+Added: On December 18, 2024, the PUCO approved the stipulation and implementation has since begun.
+Added: • On May 31, 2024, the Ohio Companies filed their application for an increase in base distribution rates, based on a 2024 calendar year test period.
+Added: The Ohio Companies requested a net increase in base distribution revenues of approximately $94 million with a return on equity of 10.8% and capital structures of 44% debt and 56% equity for CEI, 46% debt and 54% equity for OE, and 45% debt and 55% equity for TE, which reflects a roll-in of current riders such as DCR and AMI.
+Added: The net increase represented a 1.5% average residential monthly bill increase.
+Added: Key components of the base rate case filing include a proposal to change pension and OPEB recovery to the delayed recognition method and to implement a mechanism to establish a regulatory asset (or liability) to recover (or refund) net differences between the amount of pension and OPEB expense requested in the proceeding and the actual amount each year using this method.
+Added: Additionally, the Ohio Companies requested recovery of certain incurred costs, including the impact of major storms, a program to convert streetlights to LEDs, and others.
+Added: On June 14, 2024, the Ohio Companies filed supporting testimony and on July 31, 2024, filed an update with an adjusted net increase of base distribution revenues of approximately $190 million and to incorporate matters in the rate case as directed by the PUCO’s ESP V order.
+Added: On December 18, 2024, the PUCO issued an order approving the Ohio Companies’ withdrawal of ESP V.
+Added: On January 22, 2025, the PUCO approved the Ohio Companies’ revised ESP IV tariffs, effective February 1, 2025, at which time the Ohio Companies resumed operating under ESP IV.
+Added: On January 27, 2025, the Ohio Companies notified the PUCO of their intention to update their application for an increase in base distribution rates to remove ESP V related provisions from the base rate case.
+Added: The PUCO staff hired a third party auditor to assist in the review of the Ohio Companies’ base rate case filing and on February 21, 2025, PUCO staff and the third party auditor each filed their reports.
+Added: The auditor’s report recommended adjustments which would result in a net increase of the Ohio Companies’ base distribution revenues of approximately $8 million with a return on equity of 9.63% and capital structures of 48.8% debt and 51.2% equity for each of the Ohio Companies.
+Added: PUCO staff’s report takes limited positions on the auditor’s finding and recommendations and makes additional findings.
+Added: The Ohio Companies plan to respond and file supplemental testimony by March 24, 2025.
+Added: • On April 2, 2024, FE PA filed a base rate case with the PPUC seeking a net increase in base distribution revenues of approximately $502 million with a return on equity of 11.3% and capital structure of 46.2% debt and 53.8% equity, and which reflects a roll-in of several current riders such as DSIC, Tax Act, and smart meter.
+Added: Additionally, FE PA requested an enhanced ten year vegetation management program and recovery of certain incurred costs, including the impact of major storms, COVID-19, a program to convert streetlights to LEDs, and others.
+Added: On September 13, 2024, FE PA and the active parties to the proceeding filed a joint settlement agreement requesting that the administrative law judges
+Added: approve FE PA’s requested distribution base rate case increase subject to the terms and conditions of the settlement, which includes, among other things, an annual net revenue increase of $225 million.
+Added: Other key components of the settlement agreement include recovery of costs incurred for storms and COVID-19, additional cost recovery of ongoing storm costs, inspection and maintenance of overhead lines and transformers, and rate case expenses, as well as an enhanced vegetation management program.
+Added: On October 15, 2024, the administrative law judges issued a decision recommending that the PPUC approve, without modification, the September 13, 2024 settlement agreement.
+Added: On November 21, 2024, the PPUC unanimously approved the settlement agreement without modification and the rates became effective on January 1, 2025.
+Added: • On July 22, 2024, FE PA filed its application with the PPUC seeking approval for the next phase of its LTIIP program, which is expected to result in approximately $1.6 billion in investments, with approximately $1.4 billion of such investments going in service during the five-year period beginning January 1, 2025 and ending December 31, 2029.
+Added: FE PA’s application was approved by the PPUC on December 19, 2024, and implementation began in January 2025.
+Added: West Virginia
+Added: • On January 13, 2023, MP and PE filed a request with the WVPSC seeking approval of new depreciation rates for existing and future capital assets.
+Added: On August 22, 2023, the parties filed a unanimous settlement of the case recommending a $33 million annual increase in depreciation expense, effective April 1, 2024, but deferred issues related to a change in the net energy metering credit.
+Added: An order was issued on March 26, 2024 approving the settlement without modification.
+Added: • On January 23, 2024, MP, PE and various parties filed a joint settlement agreement with the WVPSC, which recommended a base rate increase of $105 million, inclusive of the $33 million increase in depreciation expense, but deferred issues related to a change in the net energy metering credit.
+Added: Additionally, the settlement included a new low-income customer advocacy program, a pilot program for service reliability investments and recovery of costs related to storm restoration, retired generation assets and COVID-19.
+Added: The settlement did not include the request to establish a regulatory asset (or liability) for recovery (or refund) associated with pension and OPEB expense, however, it did not preclude MP and PE from pursuing that in a future separate proceeding.
+Added: An agreement on the net energy metering credit was subsequently submitted to the WVPSC and was materially approved as part of the base rate case order for rates effective March 27, 2024.
+Added: We believe that FirstEnergy represents a compelling investment.
+Added: With sound capital allocation targeting reliability, resiliency, the energy transition and customer experience, and supported by constructive regulatory outcomes, FirstEnergy expects to finance the business at a lower cost of capital, allowing it to begin the virtuous cycle all over again at “Invest.”
+Added: FirstEnergy aims to do this through a strengthened financial position.
+Added: Since 2021, FirstEnergy has raised $7 billion in equity capital and issued $1.5 billion in convertible notes in May 2023 to significantly improve its balance sheet.
+Added: The strength of FirstEnergy’s balance sheet supports its plan to fund Energize365 investments through organic internal cash flows and the issuance of debt rather than incremental equity.
+Added: FirstEnergy has optimized its financing plan to retain flexibility in an uncertain interest rate environment.
+Added: FirstEnergy has also taken steps to reduce potential volatility risk associated with its pension plan.
+Added: In January 2025, FirstEnergy executed an additional pension lift-out transaction associated with over $652 million in pension obligations relating to its former competitive generation employees.
+Added: This lift-out transaction, combined with the lift-out completed in 2023, removed approximately $1.4 billion in total pension plan assets and obligations associated with approximately 3,900 former competitive generation employees.
+Added: FirstEnergy also expects to continue returning value to shareholders.
+Added: In March 2024, the FE Board declared a $0.015 per share increase to the quarterly common stock dividend payable June 1, 2024, to $0.425 per share, which represents an approximate 6% increase compared to dividends declared in 2023.
+Added: Modest dividend growth is expected to enable enhanced shareholder returns, while still allowing for continued substantial regulated investments.
+Added: Dividend payments are subject to declaration by the FE Board, and future dividend decisions determined by the FE Board may be impacted by earnings growth, credit metrics and other business conditions.
HB 6 and Related Investigations
4 unchanged sentences
The $230 million payment will neither be recovered in rates or charged to FirstEnergy customers, nor will FirstEnergy seek any tax deduction related to such payment.
−Removed: The criminal information will be dismissed after FirstEnergy fully complies with its obligations under the DPA, which is expected in July 2024.
−Removed: The OAG, certain FE shareholders and FE customers filed several lawsuits against FirstEnergy and certain current and former directors, officers and other employees, each relating to the allegations against the now former Ohio House Speaker Larry Householder and other individuals and entities allegedly affiliated with Mr.
+Added: As of July 22, 2024, FirstEnergy had successfully completed the obligations required within the three-year term of the DPA.
+Added: Under the DPA, FirstEnergy has an
+Added: obligation to continue (i) publishing quarterly a list of all payments to 501(c)(4) entities and all payments to entities known by FirstEnergy operating for the benefit of a public official, either directly or indirectly;
+Added: (ii) not making any statements that contradict the DPA;
+Added: (iii) notifying the U.S.
+Added: Attorney’s Office of any changes in FirstEnergy’s corporate form;
+Added: and (iv) cooperating with the U.S.
+Added: Attorney’s Office until the conclusion of any related investigation, criminal prosecution, and civil proceeding brought by the U.S.
+Added: Attorney’s Office, including the January 17, 2025, indictment against two former FirstEnergy senior officers, as described below in “Outlook -- Other Legal Proceedings - United States v.
+Added: Larry Householder, et al.”.
+Added: Within 30 days of those matters concluding, and FirstEnergy’s successful completion of its remaining obligations, the U.S.
+Added: Attorney’s Office will dismiss the criminal information.
On February 9, 2022, FE, acting through the SLC, agreed to a settlement term sheet to resolve multiple shareholder derivative lawsuits that were filed in the S.D.
Ohio, the N.D.
−Removed: Ohio, and the Ohio Court of Common Pleas, Summit County.
+Added: Ohio, and the Ohio Court of Common Pleas, Summit County, each relating to the allegations against the now former Ohio House Speaker Larry Householder and other individuals and entities allegedly affiliated with Mr.
On March 11, 2022, the parties executed a stipulation and agreement of settlement, and filed a motion the same day requesting preliminary settlement approval in the S.D.
1 unchanged sentence
On August 23, 2022, the S.D.
−Removed: Ohio granted final approval of the settlement.
−Removed: On September 20, 2022, a purported FE stockholder filed a motion for reconsideration of the S.D.
−Removed: Ohio’s final settlement approval.
−Removed: The parties filed oppositions to that motion on October 11, 2022, and the S.D.
−Removed: Ohio denied that motion on May 22, 2023.
−Removed: On June 15, 2023, the purported FE stockholder filed an appeal in the U.S.
−Removed: Court of Appeals for the Sixth Circuit.
−Removed: Ohio issued a stay of the case pending the appeal in the U.S.
−Removed: Court of Appeals for the Sixth Circuit.
−Removed: Ohio’s final settlement approval is affirmed by the U.S.
−Removed: Court of Appeals for the Sixth Circuit, the settlement agreement is expected to fully resolve these shareholder derivative lawsuits.
−Removed: The settlement includes a series of corporate governance enhancements and a payment to FE of $180 million, to be paid by insurance after the judgment has become final, less approximately $36 million in court-ordered attorney’s fees awarded to plaintiffs.
−Removed: In addition, on August 10, 2020, the SEC, through its Division of Enforcement, issued an order directing an investigation of possible securities laws violations by FE, and on September 1, 2020, issued subpoenas to FE and certain FE officers.
−Removed: Subsequently, on April 28, 2021, July 11, 2022, and May 25, 2023, the SEC issued additional subpoenas to FE.
−Removed: While no contingency has been reflected in its consolidated financial statements, FE believes that it is probable that it will incur a loss in connection with the resolution of the SEC investigation.
−Removed: Given the ongoing nature and complexity of the review, inquiries and investigations, FE cannot yet reasonably estimate a loss or range of loss that may arise from the resolution of the SEC investigation Further, in letters dated January 26, and February 22, 2021, staff of FERC's Division of Investigations notified FirstEnergy that it was investigating FirstEnergy’s lobbying and governmental affairs activities concerning HB 6.
−Removed: On December 30, 2022, FERC approved a Stipulation and Consent Agreement that resolves the investigation.
−Removed: The agreement obligates FE to pay a civil penalty of $3.86 million, which was paid in January 2023, and to submit two annual compliance monitoring reports to FERC’s Office of Enforcement regarding improvements to FirstEnergy’s compliance programs.
−Removed: The first compliance monitoring report was submitted in December 2023.
+Added: Ohio granted final approval of the settlement, which was subsequently appealed.
+Added: On February 16, 2024, the U.S.
+Added: Court of Appeals for the Sixth Circuit affirmed the district court’s final settlement approval.
+Added: All appeal options were exhausted on May 16, 2024, and the judgment and settlement became final, resolving the derivative lawsuits.
+Added: On May 17, 2024, the N.D.
+Added: Ohio granted the parties’ motion to dismiss based upon the approval of the settlement by the S.D.
+Added: The state court action was also dismissed on September 2, 2022.
+Added: The above settlement included a series of corporate governance enhancements and a payment to FE of $180 million, less approximately $36 million in court-ordered attorney’s fees awarded to plaintiffs, and a $7 million net return on deposited funds, which was received in the second quarter of 2024.
+Added: The judgment and settlement are final and, therefore, the derivative lawsuits are now fully resolved.
+Added: On August 10, 2020, the SEC, through its Division of Enforcement, issued an order directing an investigation of possible securities laws violations by FE, and on September 1, 2020, issued subpoenas to FE and certain FE officers relating to the conduct described in the DPA.
+Added: On April 28, 2021, July 11, 2022, and May 25, 2023, the SEC issued additional subpoenas to FE, with which FE has complied.
+Added: FirstEnergy cooperated fully with the SEC investigation, and on September 12, 2024, the SEC issued a settlement order that concluded and resolved the investigation in its entirety.
+Added: Under the terms of the settlement, FE agreed to pay a civil penalty of $100 million and to cease and desist from committing or causing any violations and any future violations of specified provisions of the federal securities laws and rules promulgated thereunder, which was recognized as a loss contingency of $100 million in the second quarter of 2024 at Corporate/Other for segment reporting and paid on September 25, 2024.
On June 29, 2023, the OOCIC served FE a subpoena, seeking information relating to the conduct described in the DPA.
−Removed: FirstEnergy was not aware of the OOCIC’s investigation prior to receiving the subpoena and understands that the OOCIC’s investigation is also focused on the conduct described in the DPA.
+Added: FirstEnergy was not aware of the OOCIC’s investigation prior to receiving the subpoena and understood that the OOCIC’s investigation was also focused on the conduct described in the DPA, other than with respect to the March 25, 2024, felony indictment of Mr.
+Added: Householder brought in Cuyahoga County, Ohio.
FirstEnergy is cooperating with the OOCIC in its investigation.
−Removed: On February 12, 2024, and in connection with the OOCIC’s ongoing investigation, an indictment by a grand jury of Summit County, Ohio was unsealed against the former chairman of the PUCO, Samuel Randazzo, and two former FirstEnergy senior officers, Charles E.
−Removed: Jones, and Michael J.
−Removed: Dowling, charging each of them with several felony counts, including bribery, telecommunications fraud, money laundering and aggravated theft, related to payments described in the DPA.
−Removed: No contingency
−Removed: has been reflected in FirstEnergy’s consolidated financial statements, as a loss is neither probable, nor is a loss or range of loss reasonably estimable.
−Removed: FirstEnergy has taken numerous steps to address challenges posed by the HB 6 investigations and improve its compliance culture, including the refreshment of the FE Board, the hiring of key senior executives committed to supporting transparency and integrity, and strengthening and enhancing FirstEnergy’s compliance culture through several initiatives;
−Removed: however, the outcomes of the unresolved HB 6 investigations and state regulatory audits remain unknown.
+Added: On February 12, 2024, and in connection with the OOCIC’s ongoing investigation, an indictment by a grand jury of Summit County, Ohio was unsealed against the now-deceased, former chairman of the PUCO, and two former FirstEnergy senior officers, charging each of them with several felony counts, including bribery, telecommunications fraud, money laundering and aggravated theft, related to payments described in the DPA.
+Added: On August 12, 2024, FirstEnergy entered into a settlement with the OAG's Office, and the Summit County Prosecutor’s Office to resolve both the OOCIC investigation and State of Ohio ex rel.
+Added: Dave Yost, Ohio Attorney General v.
+Added: FirstEnergy Corp., et al.
+Added: and City of Cincinnati and City of Columbus v.
+Added: FirstEnergy Corp., noted below.
+Added: The settlement includes, among other things, a non-prosecution agreement and a payment of $19.5 million, which was recorded as a loss contingency in the second quarter of 2024 in FirstEnergy’s Consolidated Statements of Income at Corporate/Other for segment reporting and was paid on August 16, 2024.
Despite the many disruptions FirstEnergy has faced, and continues to currently face, the leadership team remains committed and focused on executing its strategy and running the business.
−Removed: See “Outlook - Other Legal Proceedings” below for additional details on the government investigations, the DPA, and subsequent litigation surrounding the investigation of HB 6.
+Added: See “Outlook - Other Legal Proceedings” below for additional details on the government investigations, the DPA, and ongoing litigation surrounding the investigation of HB 6.
See also “Outlook - State Regulation - Ohio” below for details on the PUCO proceeding reviewing political and charitable spending and legislative activity in response to the investigation of HB 6.
The outcome of the government investigations, PUCO proceedings, legislative activity, and any of these lawsuits is uncertain and could have a material adverse effect on FirstEnergy’s financial condition, results of operations and cash flows.
−Removed: The Form 10-K discusses 2023 and 2022 items and year-over-year comparisons between 2023 and 2022.
−Removed: Discussions of 2021 items and year-over-year comparisons between 2022 and 2021 that are not included in this Form 10-K can be found in “Management’s Discussion and Analysis of Financial Condition and Results of Operations” in Part II, Item 7 of FirstEnergy’s Annual Report on Form 10-K for the fiscal year ended December 31, 2022, filed with the SEC on February 13, 2023.
−Removed: RESULTS OF OPERATIONS
−Removed: The financial results discussed below include revenues and expenses from transactions among FirstEnergy’s business segments.
+Added: FIRSTENERGY'S CONSOLIDATED RESULTS OF OPERATIONS
+Added: 2024 Compared with 2023
+Added: (In millions) For the Years Ended December 31,
+Added: 2024 2023 Increase (Decrease)
+Added: Revenues $ 13,472 $ 12,870 $ 602 5 %
+Added: Operating expenses (11,097) (10,604) 493 5 %
+Added: Other expenses, net (871) (802) 69 9 %
+Added: Income taxes (377) (267) 110 41 %
+Added: Income attributable to noncontrolling interest (149) (74) 75 101 %
+Added: Earnings attributable to FE from continuing operations $ 978 $ 1,123 $ (145) (13) %
+Added: Earnings attributable to FE from continuing operations was $978 million or $1.70 per basic and diluted share in 2024 compared to $1,123 million or $1.96 per basic and diluted share in 2023, representing a decrease of $145 million that was primarily due to the following:
+Added: • A $200 million charge relating to an increase in ARO liabilities associated with final CCR rules and changes in future expected costs to remediate McElroy’s Run during 2024;
+Added: • A $100 million civil penalty resulting from the SEC investigation and a $19.5 million settlement with the OAG's office as further discussed below in “Outlook - Other Legal Proceedings”;
+Added: • A $62 million impairment charge related to the Akron general office in the third quarter of 2024;
+Added: • Lower revenues associated with changes to the Ohio DCR as a result of the PUCO’s ESP V order that became effective June 1, 2024;
+Added: • A $46 million charge for an expected refund, with interest, as a result of the Sixth Circuit ruling eliminating the 50 basis point adder associated with RTO membership, as further discussed below in "Outlook - Other Proceedings;"
+Added: • Higher non-deferred storm restoration expenses and planned vegetation management costs;
+Added: • Lower investment earnings related to FEV’s equity method investment in Global Holding, net of an impairment charge in the fourth quarter 2024;
+Added: • The dilutive effect of the FET Equity Interest Sale that closed in March 2024;
+Added: • Higher non-recoverable charges associated with regulatory proceedings and abandoned transmission projects;
+Added: • Higher debt redemption costs;
+Added: • Higher interest expense on long-term debt and short-term borrowings, partially offset by the redemption of certain FE long-term debt and higher capitalized financing costs;
+Added: • A higher effective tax rate due to tax charges related to the PA Consolidation and FET Equity Interest Sale in 2024, and the absence of a reduction in state income taxes and release of a valuation allowance recognized in 2023, partially offset by discrete tax benefits in 2024 associated with certain equity method investments and the remeasurement of excess deferred income taxes.
+Added: These were partially offset by the following:
+Added: • Net proceeds from the shareholder derivative lawsuit settlement, as described below in “Outlook - Other Legal Proceedings”;
+Added: • The implementation of base rate case settlements in Maryland, New Jersey and West Virginia;
+Added: • Higher weather-related customer usage and demand;
+Added: • Increased earnings as a result of regulated investment programs that increased rate base;
+Added: • Higher interest income on the FET Equity Interest Sale promissory notes;
+Added: • Lower Pension and OPEB mark-to-market adjustment charges;
+Added: • The absence of expenses associated with the cancellation of sponsorship agreements in 2023;
+Added: • Lower labor and benefits expenses, including those associated with the PEER program and separation-related costs.
+Added: Detailed segment reporting explanations are included below.
+Added: Distribution services by customer class are summarized in the following table:
+Added: For the Years Ended December 31,
+Added: (In thousands) Actual Weather-Adjusted
+Added: Electric Distribution MWh Deliveries (1)
+Added: 2024 2023 Increase 2024 2023 Increase (Decrease)
+Added: Residential 54,631 52,217 4.6 % 55,447 55,909 (0.8) %
+Added: Commercial (2)
+Added: 39,021 38,179 2.2 % 39,298 39,468 (0.4) %
+Added: Industrial 52,950 52,252 1.3 % 52,951 52,252 1.3 %
+Added: Total Electric Distribution MWh Deliveries 146,602 142,648 2.8 % 147,696 147,629 — %
+Added: (1) Reflects the reclassification of certain Pennsylvania customers from Industrial to Commercial.
+Added: Due to the January 2024 consolidation of the Pennsylvania Companies, certain customers are classified as Commercial effective June 1, 2024.
+Added: The MWh deliveries prior to the effective date have been adjusted for comparability.
+Added: (2) Includes street lighting.
+Added: Residential and commercial distribution deliveries were impacted by higher customer usage as a result of the weather.
+Added: Cooling degree days in 2024 were 37% above 2023 and 15% above normal.
+Added: Heating degree days in 2024 were 1% below 2023 and 15% below normal.
+Added: The financial results discussed below in Segment Results of Operations include revenues and expenses from transactions among FirstEnergy’s business segments.
A reconciliation of segment financial results is provided in Note 16, “Segment Information,” of the Notes to Consolidated Financial Statements.
−Removed: Earnings attributable to FE from continuing operations by business segment was as follows:
−Removed: (In millions, except per share amounts) For the Years Ended December 31, Increase (Decrease)
−Removed: 2023 2022 2021 2023 vs 2022 2022 vs 2021
−Removed: Earnings Attributable to FE from Continuing Operations by Business Segment:
−Removed: Regulated Distribution $ 740 $ 957 $ 1,288 $ (217) $ (331)
−Removed: Regulated Transmission 514 361 408 153 (47)
−Removed: Corporate/Other (131) (912) (457) 781 (455)
+Added: FIRSTENERGY'S CONSOLIDATED RESULTS OF OPERATIONS
+Added: 2023 Compared with 2022
+Added: (In millions) For the Years Ended December 31,
+Added: 2023 2022 Increase (Decrease)
+Added: Revenues 12,870 12,459 $ 411 3 %
+Added: Operating expenses (10,604) (10,549) 55 1 %
+Added: Other expenses, net (802) (471) 331 70 %
+Added: Income taxes (267) (1,000) (733) (73) %
+Added: Income attributable to noncontrolling interest (74) (33) 41 124 %
Earnings attributable to FE from continuing operations $ 1,123 $ 406 $ 717 177 %
−Removed: EPS Attributable to FE:
−Removed: Basic - continuing operations $ 1.96 $ 0.71 $ 2.27 $ 1.25 $ (1.56)
−Removed: Basic - discontinued operations (0.04) — 0.08 (0.04) (0.08)
−Removed: Basic $ 1.92 $ 0.71 $ 2.35 $ 1.21 170.4 % $ (1.64) (69.8) %
−Removed: Diluted - continuing operations $ 1.96 $ 0.71 $ 2.27 $ 1.25 $ (1.56)
−Removed: Diluted - discontinued operations (0.04) — 0.08 (0.04) (0.08)
−Removed: Diluted $ 1.92 $ 0.71 $ 2.35 $ 1.21 170.4 % $ (1.64) (69.8) %
−Removed: Summary of Results of Operations — 2023 Compared with 2022
+Added: Earnings attributable to FE from continuing operations was $1,123 million or $1.96 per basic and diluted share in 2023 compared to $406 million or $0.71 per basic and diluted share in 2022, representing an increase of $717 million that was primarily due to the following:
+Added: • The absence of an income tax charge of $752 million in 2022, representing the deferred tax liability associated with the deferred tax gain on the 19.9% FET equity interest sale to Brookfield, and a 2023 tax benefit of $65 million, net of a reserve for uncertain tax positions, from the reduction of state income taxes and partial release of a valuation allowance for the expected utilization of state NOL carryforwards based on an assessment of regulated business operations and a change in the composition of a state tax return filing group, partially offset by a $58 million tax charge in 2023 associated with a true-up adjustment associated with the deferred tax gain on the 19.9% FET equity interest sale that closed in May 2022;
+Added: • Higher revenues from regulated investment programs, higher weather-adjusted customer usage and demand, the absence of a reserve for customer refunds associated with the FERC Audit, as further discussed below, and a true-up adjustment for the recovery of certain transmission formula rate operating costs during 2023;
+Added: • Lower other operating expenses from lower vegetation management expenses, including accelerated work during 2022, fewer regulated generation planned outages, and the absence of a reserve for customer refunds and the reclassification of certain transmission capital assets that are not expected to be recoverable resulting from the FERC Audit that was recognized in the third quarter of 2022;
+Added: • Lower debt redemption costs.
+Added: These were partially offset by the following:
+Added: • Lower customer usage as a result of the weather;
+Added: • Higher other operating expenses from lump sum compensation and severance benefits associated with the PEER program and involuntary separations in 2023, and higher investigation and other related costs associated with the government investigations;
+Added: • Higher depreciation expense from a higher asset base;
+Added: • Higher pension and OPEB mark-to-market adjustment charges;
+Added: • Higher interest expense on short-term borrowings and long-term debt, including the 2026 Convertible Notes issuance;
+Added: • Higher non-recoverable charges related to abandoned transmission projects in 2023;
+Added: • The dilutive effect from the 19.9% FET equity interest sale that closed in May 2022.
+Added: Detailed segment reporting explanations are included below.
+Added: Distribution services by customer class are summarized in the following table:
+Added: For the Years Ended December 31,
+Added: (In thousands) Actual Weather-Adjusted
+Added: Electric Distribution MWh Deliveries (1)
+Added: 2023 2022 Increase (Decrease) 2023 2022 Increase
+Added: Residential 52,217 55,994 (6.7) % 55,909 55,081 1.5 %
+Added: Commercial (2)
+Added: 38,179 39,479 (3.3) % 39,468 39,185 0.7 %
+Added: Industrial 52,252 52,008 0.5 % 52,252 52,008 0.5 %
+Added: Total Electric Distribution MWh Deliveries 142,648 147,481 (3.3) % 147,629 146,274 0.9 %
+Added: (1) Reflects the reclassification of certain Pennsylvania customers from Industrial to Commercial.
+Added: Due to the January 2024 consolidation of the Pennsylvania Companies, certain customers are classified as Commercial effective June 1, 2024.
+Added: The MWh deliveries prior to the effective date have been adjusted for comparability.
+Added: (2) Includes street lighting.
+Added: Residential and commercial distribution deliveries were impacted by lower customer usage as a result of the weather.
+Added: Cooling degree days in 2023 were 23% below 2022 and 15% below normal.
+Added: Heating degree days in 2023 were 14% below 2022 and 15% below normal.
+Added: The financial results discussed below in Segment Results of Operations include revenues and expenses from transactions among FirstEnergy’s business segments.
+Added: A reconciliation of segment financial results is provided in Note 16, “Segment Information,” of the Notes to Consolidated Financial Statements.
+Added: Summary of Segment Results of Operations — 2024 Compared with 2023
Financial results for FirstEnergy’s business segments for the years ended December 31, 2024 and 2023, were as follows:
−Removed: 2023 Financial Results Regulated Distribution Regulated Transmission Corporate/Other and Reconciling Adjustments FirstEnergy Consolidated
+Added: 2024 Financial Results
(In millions)
+Added: Distribution Integrated Stand-Alone Transmission Corporate/Other and Reconciling Adjustments FirstEnergy Consolidated
Electric $ 6,703 $ 4,815 $ 1,768 $ 9 $ 13,295
6 unchanged sentences
Provision for depreciation 648 521 336 76 1,581
−Removed: Deferral of regulatory assets, net (256) (5) — (261)
+Added: Amortization (deferral) of regulatory assets, net (171) (66) 6 — (231)
General taxes 752 140 279 41 1,212
2 unchanged sentences
Debt redemption costs — — — (85) (85)
−Removed: Equity method investment earnings — — 175 175
+Added: Equity method investment earnings, net — — — 58 58
Miscellaneous income, net 124 54 18 (7) 189
−Removed: Pension and OPEB mark-to-market adjustment (78) (36) 36 (78)
+Added: Pension and OPEB mark-to-market adjustments 36 26 6 (90) (22)
Interest expense (432) (262) (275) (175) (1,144)
4 unchanged sentences
Earnings (Loss) Attributable to FE from Continuing Operations $ 624 $ 535 $ 294 $ (475) $ 978
−Removed: 2022 Financial Results Regulated Distribution Regulated Transmission Corporate/Other and Reconciling Adjustments FirstEnergy Consolidated
+Added: 2023 Financial Results
(In millions)
+Added: Distribution Integrated Stand-Alone Transmission Corporate/Other and Reconciling Adjustments FirstEnergy Consolidated
Electric $ 6,690 $ 4,261 $ 1,731 $ 11 $ 12,693
6 unchanged sentences
Provision for depreciation 620 462 304 75 1,461
−Removed: Deferral of regulatory assets, net (362) (3) — (365)
+Added: Amortization (deferral) of regulatory assets, net (259) (10) 8 — (261)
General taxes 734 129 257 44 1,164
2 unchanged sentences
Debt redemption costs — — — (36) (36)
−Removed: Equity method investment earnings — — 168 168
−Removed: Miscellaneous income, net 361 36 18 415
−Removed: Pension and OPEB mark-to-market adjustment (50) (15) 137 72
+Added: Equity method investment earnings, net — — — 175 175
+Added: Miscellaneous income (expense), net 84 73 17 (10) 164
+Added: Pension and OPEB mark-to-market adjustments (33) (50) (32) 37 (78)
Interest expense (390) (257) (245) (232) (1,124)
1 unchanged sentence
Total Other Expense (318) (199) (222) (63) (802)
−Removed: Income taxes 251 110 639 1,000
+Added: Income taxes (benefits) 147 37 146 (63) 267
Income attributable to noncontrolling interest — — 74 — 74
3 unchanged sentences
Financial Results
−Removed: Increase (Decrease) Regulated Distribution Regulated Transmission Corporate/Other and Reconciling Adjustments FirstEnergy Consolidated
+Added: Increase (Decrease) Distribution Integrated Stand-Alone Transmission Corporate/Other and Reconciling Adjustments FirstEnergy Consolidated
(In millions)
7 unchanged sentences
Provision for depreciation 28 59 32 1 120
−Removed: Deferral of regulatory assets, net 106 (2) — 104
+Added: Amortization (deferral) of regulatory assets, net 88 (56) (2) — 30
General taxes 18 11 22 (3) 48
2 unchanged sentences
Debt redemption costs — — — (49) (49)
−Removed: Equity method investment earnings — — 7 7
−Removed: Miscellaneous income, net (231) (34) 14 (251)
−Removed: Pension and OPEB mark-to-market adjustment (28) (21) (101) (150)
+Added: Equity method investment earnings, net — — — (117) (117)
+Added: Miscellaneous income (expense), net 40 (19) 1 3 25
+Added: Pension and OPEB mark-to-market adjustments 69 76 38 (127) 56
Interest expense (42) (5) (30) 57 (20)
4 unchanged sentences
Earnings (Loss) Attributable to FE from Continuing Operations $ 37 $ 235 $ (105) $ (312) $ (145)
−Removed: Regulated Distribution — 2023 Compared with 2022
−Removed: Regulated Distribution's earnings attributable to FE from continuing operations decreased $217 million in 2023, as compared to 2022, primarily resulting from lower customer usage as a result of the weather, lower net pension and OPEB credits, and higher interest expense and costs from the PEER, as further discussed below, partially offset by lower other operating expenses, higher revenues from regulated investment programs and higher weather-adjusted customer usage and demand.
−Removed: The $237 million increase in total revenues resulted from the following sources:
+Added: Distribution Segment — 2024 Compared with 2023
+Added: Distribution segment's earnings attributable to FE from continuing operations increased $37 million in 2024, as compared to 2023, primarily due to higher customer usage as a result of the weather, lower Ohio customer rate credits and lower Pension and OPEB mark-to-market adjustment charges, partially offset by lower weather-adjusted customer usage and demand, lower revenues due to changes in the Ohio DCR that became effective June 1, 2024, and higher operating expenses, including increases in the ARO liability.
+Added: Distribution's total revenues increased $9 million as a result of the following sources:
For the Years Ended December 31,
8 unchanged sentences
Total Revenues $ 6,863 $ 6,854 $ 9
−Removed: Distribution services revenues increased $111 million in 2023, as compared to 2022, primarily resulting from higher rider revenues associated with certain investment programs, higher weather-adjusted customer usage and demand, lower customer refunds and credits associated with the PUCO-approved Ohio Stipulation and other rider rate adjustments at the Pennsylvania Companies, which have no material impact to current period earnings, partially offset by lower customer usage as a result of the weather and lower recovery of transmission expenses.
−Removed: Distribution services by customer class are summarized in the following table:
+Added: Distribution services revenues increased $333 million in 2024, as compared to 2023, primarily due to higher customer usage as a result of the weather, higher rider revenues associated with a Pennsylvania regulated investment program, and lower customer credits associated with the PUCO-approved Ohio Stipulation.
+Added: Additionally, revenues increased due to the higher recovery of transmission expenses, and other FE PA rider rate adjustments, which have no material impact to earnings.
+Added: Higher distribution services revenues were partially offset by lower weather-adjusted customer usage and demand, and lower revenues associated with changes to the Ohio DCR as a result of the PUCO’s ESP V order that became effective June 1, 2024.
+Added: Generation sales revenues decreased $320 million in 2024, as compared to 2023, primarily due to lower retail generation sales as a result of increased customer shopping, partially offset by higher non-shopping generation auction rates.
+Added: Total generation provided by alternative suppliers as a percentage of total MWh deliveries for the Ohio Companies and FE PA in 2024, as compared to 2023, increased to 90% from 77% in Ohio and increased to 63% from 62% in Pennsylvania.
+Added: Retail and wholesale generation sales revenue have no material impact to earnings.
+Added: Operating Expenses —
+Added: Total operating expenses increased $54 million, primarily due to the following:
+Added: • Purchased power costs, which have no material impact to earnings, decreased $359 million in 2024, as compared to 2023, primarily due to lower generation sales volumes, as described above, and decreased capacity expenses, partially offset by higher unit costs.
+Added: • Other operating expenses increased $279 million in 2024, as compared to 2023, primarily due to:
+Added: • Higher network transmission expenses of $154 million, which are deferred for future recovery, resulting in no material impact to earnings;
+Added: • $46 million charge related to changes in ARO liabilities associated with final CCR rules;
+Added: • $32.5 million contribution commitment by the Ohio Companies, as a result of the PUCO's Ohio ESP V order;
+Added: • $31 million impairment charge related to the Akron general office in the third quarter of 2024;
+Added: • Higher planned vegetation management expenses of $57 million;
+Added: • Higher energy efficiency and other state mandated program costs of $8 million, which were deferred for future recovery;
+Added: • Higher storm restoration expenses of $48 million, of which $38 million were deferred for future recovery;
+Added: • Higher uncollectible expenses of $40 million, of which $14 million were deferred for future recovery, primarily due to a reduction to the allowance during 2023.
+Added: This increase was partially offset by:
+Added: • Lower other operating expenses of $138 million, primarily due to lower labor and benefits expenses, including those associated with the PEER program and separation-related costs.
+Added: • Depreciation expense increased $28 million in 2024, as compared to 2023, primarily due to a higher asset base.
+Added: • Deferral of regulatory assets decreased $88 million in 2024, as compared to 2023, primarily due to a $17 million decrease of certain Tax Act savings deferrals to FE PA customers, $69 million decrease from lower net generation and transmission related deferrals, and $40 million related to net decreases in other deferrals, partially offset by $38 million increase due to higher deferral of storm related expenses.
+Added: • General taxes increased $18 million in 2024, as compared to 2023, primarily due to higher gross receipts taxes.
+Added: Other Expense —
+Added: Other expense decreased $70 million in 2024, as compared to 2023, primarily due to $69 million in lower pension and OPEB mark-to-market adjustment charges.
+Added: Distribution segment's effective tax rate was 17.8% and 20.0% for 2024 and 2023, respectively, primarily due to the remeasurement of excess deferred income taxes in 2024.
+Added: Integrated Segment — 2024 Compared with 2023
+Added: Integrated segment’s earnings attributable to FE from continuing operations increased $235 million in 2024, as compared to 2023, primarily from the implementation of base rate cases, higher customer usage and demand, higher revenues from regulated investment programs, and lower Pension and OPEB mark-to-market adjustment charges, partially offset by higher operating expenses, including increases in the ARO liability, and a higher effective tax rate discussed below.
+Added: Integrated segment’s total revenues increased $556 million as a result of the following sources:
For the Years Ended December 31,
−Removed: (In thousands) Actual Weather-Adjusted
−Removed: Electric Distribution MWh Deliveries 2023 2022 Increase (Decrease) 2023 2022 Increase
−Removed: Residential 52,216 55,995 (6.7) % 55,908 55,081 1.5 %
−Removed: Commercial (1)
+Added: Revenues by Type of Service 2024 2023 Increase (Decrease)
+Added: (In millions)
+Added: Distribution services (1)
$ 1,600 $ 1,411 $ 189
−Removed: Industrial 55,541 55,169 0.7 % 55,541 55,169 0.7 %
−Removed: Total Electric Distribution MWh Deliveries 142,648 147,481 (3.3) % 147,629 146,274 0.9 %
−Removed: (1) Includes street lighting.
−Removed: Residential and commercial distribution deliveries were impacted by lower customer usage as a result of the weather.
−Removed: Heating degree days in 2023 were 14% below 2022 and 15% below normal.
−Removed: Cooling degree days in 2023 were 23% below 2022 and 15% below normal.
−Removed: Increases in industrial distribution deliveries were primarily from oil and gas extraction, mining, and transportation equipment manufacturing, partially offset by decreases in deliveries to plastic and rubber manufacturing and chemical manufacturing.
−Removed: Compared to pre-pandemic levels in 2019, weather-adjusted residential distribution deliveries in 2023 increased 4.3%, while commercial and industrial deliveries decreased 4.1% and 0.2%, respectively.
−Removed: The following table summarizes the price and volume factors contributing to the $107 million increase in generation revenues in 2023, as compared to 2022:
−Removed: Source of Change in Generation Revenues Increase (Decrease)
+Added: Generation sales:
+Added: Retail 2,689 2,324 365
+Added: Wholesale 146 208 (62)
+Added: Total generation sales 2,835 2,532 303
+Added: Transmission revenues:
+Added: JCP&L 243 206 37
+Added: MP & PE 137 112 25
+Added: Total transmission revenues 380 318 62
+Added: Other 61 59 2
+Added: Total Revenues $ 4,876 $ 4,320 $ 556
+Added: (1) Includes $10 million of ARP revenues in 2024, related to lost distribution revenues associated with energy efficiency in New Jersey.
+Added: Distribution services revenues increased $189 million in 2024, as compared to 2023, primarily due to higher revenues from the implementation of base rate cases, higher customer usage as a result of the weather, higher weather-adjusted customer usage and demand, and higher rider revenues associated with certain regulated investment programs.
+Added: Additionally, revenues increased due to the higher recovery of transmission expenses, which have no material impact to earnings.
+Added: Generation sales revenues increased $303 million in 2024, as compared to 2023, primarily due to higher retail revenues, partially offset by lower wholesale revenues.
+Added: • Retail generation sales increased $365 million in 2024, as compared to 2023, primarily due to higher customer usage as a result of the weather and higher non-shopping generation auction rates.
+Added: Retail generation sales, other than those in West Virginia, have no material impact to earnings.
+Added: • Wholesale generation revenues decreased $62 million in 2024, as compared to 2023, primarily due to lower capacity revenues and lower market prices, partially offset by higher sales volumes.
+Added: The difference between current wholesale generation revenues and certain energy costs incurred is deferred for future recovery or refund, with no material impact to earnings.
+Added: Transmission revenues increased $62 million in 2024, as compared to 2023, primarily due to higher rate base from regulated investment programs.
+Added: Operating Expenses —
+Added: Total operating expenses increased $269 million, primarily due to:
+Added: • Fuel costs decreased $74 million in 2024, as compared to 2023, primarily due to lower unit costs and consumption volumes.
+Added: Due to the ENEC, fuel expense has no material impact to earnings.
+Added: • Purchased power costs, which have no material impact to earnings, increased $161 million in 2024, as compared to 2023, primarily due to higher unit costs and volumes, partially offset by lower capacity expenses.
+Added: • Other operating expenses increased $168 million in 2024, as compared to 2023, primarily due to:
+Added: • $53 million charge at JCP&L in the first quarter of 2024 associated with certain corporate support costs recorded to capital accounts from the FERC Audit that were determined, as a result of the base rate case settlement agreement, to be disallowed from future recovery;
+Added: • Higher storm restoration expenses of $80 million, of which $63 million was deferred for future recovery;
+Added: • Higher network transmission expenses of $42 million, which were deferred for future recovery, resulting in no material impact to earnings;
+Added: • $16 million charge related to changes in ARO liabilities associated with final CCR rules;
+Added: • $17 million impairment charge related to the Akron general office in the third quarter of 2024;
+Added: • Higher planned vegetation management costs of $15 million, of which $8 million were deferred for future recovery;
+Added: • Higher uncollectible expenses of $17 million, which were mostly deferred for future recovery, primarily due to a reduction to the allowance during 2023;
+Added: • Higher energy efficiency and other state mandated program costs of $27 million, which were deferred for future recovery, resulting in no material impact to earnings.
+Added: This increase was partially offset by:
+Added: • Lower other operating and maintenance expenses of $99 million, primarily due to lower labor and benefit expenses, including those associated with the PEER program and separation-related costs and lower regulated generation costs.
+Added: • Depreciation expense increased $59 million in 2024, as compared to 2023, primarily due to a higher asset base.
+Added: • Deferral of regulatory assets increased $56 million in 2024, as compared to 2023, primarily due to:
+Added: • $63 million due to higher deferral of storm related expenses;
+Added: • $60 million due to the approval in the first quarter of 2024 to recover costs of certain retired generation stations by the WVPSC;
+Added: • $31 million related to net increases in other deferrals;
+Added: • $12 million due to higher energy efficiency related deferrals.
+Added: This increase was partially offset by:
+Added: • $98 million due to lower net generation and transmission related deferrals;
+Added: • $12 million due to higher vegetation management program-related amortizations.
+Added: • General taxes increased $11 million in 2024, as compared to 2023, primarily due to higher gross receipts taxes.
+Added: Other Expense —
+Added: Other expense decreased $64 million in 2024, as compared to 2023, primarily due to $76 million in lower pension and OPEB mark-to-market adjustment charges, higher interest expense on short-term borrowings and higher non-recoverable charges related to abandoned transmission projects, partially offset by higher capitalized interest.
+Added: Income Taxes —
+Added: Integrated segment’s effective tax rate was 22.2% and 11.0% in 2024 and 2023, respectively.
+Added: The increase in the effective tax rate is primarily due to the absence of discrete tax benefits related to the expected utilization of state NOL carryforwards and the release of an uncertain tax position related to state taxes recognized in 2023, partially offset by a remeasurement of excess deferred income taxes in 2024.
+Added: Stand-Alone Transmission Segment — 2024 Compared with 2023
+Added: Stand-Alone Transmission’s earnings attributable to FE from continuing operations decreased $105 million in 2024, as compared to 2023, primarily due to the dilutive effect of the FET Equity Interest Sale that closed in March 2024, and a charge for an expected refund, with interest, as a result of the Sixth Circuit ruling eliminating the 50 basis point adder associated with RTO membership, partially offset by higher revenues from regulated capital investments that increased rate base.
+Added: Total revenues increased $39 million in 2024, as compared to 2023, primarily due to higher rate base and recovery of higher transmission operating expenses partially offset by a charge for an expected refund as a result of the Sixth Circuit ruling eliminating the 50 basis point adder associated with RTO membership.
+Added: Revenues by transmission asset owner are shown in the following table:
+Added: For the Years Ended December 31,
+Added: Revenues by Transmission Asset Owner 2024 2023 Increase (Decrease)
(In millions)
−Removed: Change in sales volumes $ (198)
−Removed: Change in prices 571
−Removed: Change in sales volumes (131)
−Removed: Change in prices (94)
−Removed: Capacity revenue (41)
−Removed: Change in Generation Revenues $ 107
−Removed: Retail generation sales, other than those in West Virginia, have no material impact to FirstEnergy's earnings.
−Removed: The decrease in retail generation sales volumes was primarily due to lower usage as a result of the weather and increased customer shopping in Pennsylvania, Total generation provided by alternative suppliers as a percentage of total MWh deliveries in 2023, as compared to 2022, increased to 62% from 60% in Pennsylvania.
−Removed: The increase in retail generation prices primarily resulted from higher non-shopping generation auction rates.
−Removed: Wholesale generation revenues decreased $266 million in 2023, as compared to 2022, primarily due to lower capacity revenues, sales volumes and market prices.
−Removed: The difference between current wholesale generation revenues and certain energy costs incurred is deferred for future recovery or refund, with no material impact to current period earnings.
+Added: ATSI $ 990 $ 974 $ 16
+Added: TrAIL 274 284 (10)
+Added: MAIT 440 399 41
+Added: KATCo 85 89 (4)
+Added: Other (2) 2 (4)
+Added: Total Revenues $ 1,787 $ 1,748 $ 39
Operating Expenses —
−Removed: Total operating expenses increased $193 million primarily due to the following:
−Removed: • Fuel expense decreased $192 million in 2023, as compared to 2022, primarily due to lower generation output and unit costs.
−Removed: However, due to the ENEC, fuel expense has no material impact on current period earnings.
−Removed: • Purchased power costs increased $245 million in 2023, as compared to 2022, primarily due to increased prices, partially offset by lower capacity expenses and decreased volumes as described above.
−Removed: Source of Change in Purchased Power Increase (Decrease)
+Added: Total operating expenses increased $73 million in 2024, as compared to 2023, primarily due to higher operation and maintenance costs, higher property taxes and depreciation due to a higher asset base and a $11 million charge from FESC in connection with its planned exit from the Akron general office.
+Added: Other than the general office charge, nearly all operating expenses are recovered through formula rates, resulting in no material impact to earnings.
+Added: Other Expense —
+Added: Total other expense decreased $31 million in 2024, as compared to 2023, primarily due to lower pension and OPEB mark-to-market adjustment charges of $38 million, partially offset by higher net financing costs associated with new debt issuances and interest related to the expected refund associated with the Sixth Circuit ruling noted above.
+Added: Income Taxes —
+Added: Stand-Alone Transmission's effective tax rate was 28.1% and 23.6% for 2024 and 2023, respectively.
+Added: The increase in the effective tax rate was primarily due to discrete tax charges related to the FET Equity Interest Sale in 2024, as well as the absence of a discrete tax benefit related to the expected utilization of state NOL carryforwards recognized in 2023.
+Added: Corporate/Other — 2024 Compared with 2023
+Added: Financial results from Corporate/Other resulted in a $312 million increase in losses attributable to FE from continuing operations for 2024 compared to 2023, primarily due to:
+Added: • $120 million related to a civil penalty with the SEC and a settlement with the OAG's office as further discussed below in “Outlook - Other Legal Proceedings”;
+Added: • $111 million (after-tax) charge related to changes in ARO liabilities associated with final CCR rules and future expected costs to remediate McElroy’s Run;
+Added: • $99 million (after-tax) from higher pension and OPEB mark-to-market adjustment charges;
+Added: • $80 million (after-tax) in lower investment earnings related to FEV’s equity method investment in Global Holding;
+Added: • $38 million (after-tax) of higher debt redemption costs;
+Added: • $10 million (after-tax) related to an impairment charge recognized in the fourth quarter of 2024 associated with FirstEnergy's actions to exit FEV's equity method investment in Global Holding;
+Added: • $9 million (after-tax) of higher investigation and other related costs associated with the government investigations;
+Added: • Lower income tax benefits in 2024 as a result of tax charges related to the PA Consolidation and FET Equity Interest Sale, the absence of a reduction in state income taxes and release of valuation allowances recognized in 2023, partially offset by discrete tax benefits recognized in 2024 associated with certain equity method investments.
+Added: The increase in losses were partially offset by:
+Added: • $116 million (after-tax) of net proceeds from the shareholder derivative lawsuit settlement as described below in “Outlook - Other Legal Proceedings”;
+Added: • $23 million (after-tax) of lower other operating expenses primarily related to the absence of expenses associated with the cancellation of certain sponsorship agreements in 2023;
+Added: • $19 million (after-tax) of higher interest income on the FET Equity Interest Sale promissory notes;
+Added: • $16 million (after-tax) of lower interest expense as a result of the redemption of certain FE long-term debt and lower short-term borrowings.
+Added: Summary of Segment Results of Operations — 2023 Compared with 2022
+Added: Financial results for FirstEnergy’s business segments for the years ended December 31, 2023 and 2022, were as follows:
+Added: 2023 Financial Results
(In millions)
−Removed: Change due to unit costs $ 419
−Removed: Change due to volumes (114)
−Removed: Capacity expense (60)
−Removed: Change in Purchased Power Costs $ 245
−Removed: • Other operating expenses decreased $40 million in 2023, as compared to 2022, primarily due to:
−Removed: • Lower other operating and maintenance expenses of $47 million, primarily associated with lower labor costs and fewer regulated generation planned outages;
+Added: Distribution Integrated Stand-Alone Transmission Corporate/Other and Reconciling Adjustments FirstEnergy Consolidated
+Added: Electric $ 6,690 $ 4,261 $ 1,731 $ 11 $ 12,693
+Added: Other 164 59 17 (63) 177
+Added: Total Revenues 6,854 4,320 1,748 (52) 12,870
+Added: Operating Expenses:
+Added: Fuel — 538 — — 538
+Added: Purchased power 2,578 1,509 — 21 4,108
+Added: Other operating expenses 2,129 1,156 338 (29) 3,594
+Added: Provision for depreciation 620 462 304 75 1,461
+Added: Amortization (deferral) of regulatory assets, net (259) (10) 8 — (261)
+Added: General taxes 734 129 257 44 1,164
+Added: Total Operating Expenses 5,802 3,784 907 111 10,604
+Added: Other Income (Expense):
+Added: Debt redemption costs — — — (36) (36)
+Added: Equity method investment earnings, net — — — 175 175
+Added: Miscellaneous income (expense), net 84 73 17 (10) 164
+Added: Pension and OPEB mark-to-market adjustments (33) (50) (32) 37 (78)
+Added: Interest expense (390) (257) (245) (232) (1,124)
+Added: Capitalized financing costs 21 35 38 3 97
+Added: Total Other Expense (318) (199) (222) (63) (802)
+Added: Income taxes (benefits) 147 37 146 (63) 267
+Added: Income attributable to noncontrolling interest — — 74 — 74
+Added: Earnings (Loss) Attributable to FE from Continuing Operations $ 587 $ 300 $ 399 $ (163) $ 1,123
+Added: 2022 Financial Results
+Added: (In millions)
+Added: Distribution Integrated Stand-Alone Transmission Corporate/Other and Reconciling Adjustments FirstEnergy Consolidated
+Added: Electric $ 6,267 $ 4,425 $ 1,581 $ 27 $ 12,300
+Added: Other 158 45 16 (60) 159
+Added: Total Revenues 6,425 4,470 1,597 (33) 12,459
+Added: Operating Expenses:
+Added: Fuel — 730 — — 730
+Added: Purchased power 2,236 1,606 — 21 3,863
+Added: Other operating expenses 2,094 1,226 428 69 3,817
+Added: Provision for depreciation 593 430 277 75 1,375
+Added: Amortization (deferral) of regulatory assets, net (241) (128) 4 — (365)
+Added: General taxes 714 123 247 45 1,129
+Added: Total Operating Expenses 5,396 3,987 956 210 10,549
+Added: Other Income (Expense):
+Added: Debt redemption costs — — — (171) (171)
+Added: Equity method investment earnings, net — — — 168 168
+Added: Miscellaneous income, net 165 102 55 93 415
+Added: Pension and OPEB mark-to-market adjustments (12) (43) (10) 137 72
+Added: Interest expense (325) (225) (263) (226) (1,039)
+Added: Capitalized financing costs 19 28 36 1 84
+Added: Total Other Income (Expense) (153) (138) (182) 2 (471)
+Added: Income taxes 202 80 111 607 1,000
+Added: Income attributable to noncontrolling interest — — 33 — 33
+Added: Earnings (Losses) Attributable to FirstEnergy Corp.
+Added: from Continuing Operations $ 674 $ 265 $ 315 $ (848) $ 406
+Added: Changes Between 2023 and 2022
+Added: Financial Results
+Added: Increase (Decrease) Distribution Integrated Stand-Alone Transmission Corporate/Other and Reconciling Adjustments FirstEnergy Consolidated
+Added: (In millions)
+Added: Electric $ 423 $ (164) $ 150 $ (16) $ 393
+Added: Other 6 14 1 (3) 18
+Added: Total Revenues 429 (150) 151 (19) 411
+Added: Operating Expenses:
+Added: Fuel — (192) — — (192)
+Added: Purchased power 342 (97) — — 245
+Added: Other operating expenses 35 (70) (90) (98) (223)
+Added: Provision for depreciation 27 32 27 — 86
+Added: Amortization (deferral) of regulatory assets, net (18) 118 4 — 104
+Added: General taxes 20 6 10 (1) 35
+Added: Total Operating Expenses 406 (203) (49) (99) 55
+Added: Other Income (Expense):
+Added: Debt redemption costs — — — 135 135
+Added: Equity method investment earnings, net — — — 7 7
+Added: Miscellaneous income (expense), net (81) (29) (38) (103) (251)
+Added: Pension and OPEB mark-to-market adjustments (21) (7) (22) (100) (150)
+Added: Interest expense (65) (32) 18 (6) (85)
+Added: Capitalized financing costs 2 7 2 2 13
+Added: Total Other Income (Expense) (165) (61) (40) (65) (331)
+Added: Income taxes (benefits) (55) (43) 35 (670) (733)
+Added: Income attributable to noncontrolling interest — — 41 — 41
+Added: Earnings (Loss) Attributable to FE from Continuing Operations $ (87) $ 35 $ 84 $ 685 $ 717
+Added: Distribution Segment — 2023 Compared with 2022
+Added: Distribution segment's earnings attributable to FE from continuing operations decreased $87 million in 2023, as compared to 2022, primarily due to lower customer usage as a result of the weather, lower net pension and OPEB credits, and higher interest expense and costs from the PEER, partially offset by lower other operating expenses, higher revenues from regulated investment programs and higher weather-adjusted customer usage and demand.
+Added: Distribution's total revenue increased $429 million from the following sources:
+Added: For the Years Ended December 31,
+Added: Revenues by Type of Service 2023 2022 Increase
+Added: (In millions)
+Added: Distribution services $ 3,847 $ 3,689 $ 158
+Added: Generation sales:
+Added: Retail 2,823 2,559 264
+Added: Wholesale 20 19 1
+Added: Total generation sales 2,843 2,578 265
+Added: Other 164 158 6
+Added: Total Revenues $ 6,854 $ 6,425 $ 429
+Added: Distribution services revenues increased $158 million in 2023, as compared to 2022, primarily due to higher weather-adjusted customer usage and demand, higher rider revenues associated with a Pennsylvania regulated investment program, and lower customer credits associated with the PUCO-approved Ohio Stipulation.
+Added: Higher distribution services revenues were partially offset by lower customer usage as a result of the weather and lower recovery of transmission expenses, which have no material impact to earnings.
+Added: Generation sales revenues increased $265 million in 2023, as compared to 2022, primarily due to higher retail generation sales as a result of higher non-shopping generation auction rates, partially offset by lower customer usage as a result of the weather and increased customer shopping in Pennsylvania.
+Added: Total generation provided by alternative suppliers as a percentage of total MWh deliveries in Pennsylvania increased to 62% in 2023 as compared to 60% in 2022.
+Added: Retail and wholesale generation sales revenue have no material impact to earnings.
+Added: Operating Expenses —
+Added: Total operating expenses increased $406 million primarily due to the following:
+Added: • Purchased power costs, which have no material impact to earnings, increased $342 million in 2023, as compared to 2022, primarily due to higher volumes, partially offset by lower unit costs and capacity expenses.
+Added: • Other operating expenses increased $35 million in 2023, as compared to 2022, primarily due to:
+Added: • Lump sum compensation and severance benefits of $24 million associated with the PEER program and involuntary separations in 2023;
+Added: • Higher energy efficiency and other state mandated program costs of $26 million, which were deferred for future recovery;
+Added: • Higher storm restoration expenses of $95 million, which were mostly deferred for future recovery, resulting in no material impact to earnings recovery;
+Added: This increase was partially offset by:
• Lower vegetation management expenses of $72 million, including accelerated work during 2022;
−Removed: • Lower network transmission expenses of $46 million.
−Removed: These costs are deferred for future recovery, resulting in no material impact on current period earnings;
−Removed: • Lower uncollectible expenses of $46 million of which $24 million was deferred for future recovery, resulting in no material impact on current period earnings;
−Removed: partially offset by:
−Removed: • Lump sum compensation and severance benefits of $42 million associated with the PEER program and involuntary separations in 2023, as further discussed below;
−Removed: • Higher vegetation management in West Virginia, energy efficiency and other state mandated program costs of $58 million, which are deferred for future recovery, resulting in no material impact on current period earnings;
−Removed: • Higher storm expenses of $85 million, which was all deferred for future recovery, resulting in no material impact on current period earnings.
+Added: • Lower network transmission expenses of $11 million, which are deferred for future recovery, resulting in no material impact to earnings;
+Added: • Lower uncollectible expenses of $27 million, of which $4 million was deferred for future recovery.
• Depreciation expense increased $27 million in 2023, as compared to 2022, primarily due to a higher asset base.
−Removed: • Deferral of regulatory asset decreased $106 million in 2023, as compared to 2022, primarily due to:
+Added: • Deferral of regulatory assets increased $18 million in 2023, as compared to 2022, primarily due to:
+Added: • $83 million net increase due to higher generation and transmission related deferrals;
+Added: • $98 million increase due to higher deferral of storm related expenses;
+Added: This increase was partially offset by:
• $100 million decrease due to the absence of a return of certain Tax Act savings to Pennsylvania customers in 2022;
−Removed: • $97 million net decrease due to lower generation and transmission related deferrals, and
• $51 million decrease due to the absence of the customer refunds associated with the Ohio Stipulation;
−Removed: partially offset by:
−Removed: • $91 million increase due to higher deferral of storm related expenses;
+Added: • $12 million net decreases in other deferrals.
+Added: • General taxes increased $20 million in 2023, as compared to 2022, primarily due to higher gross receipts taxes and Ohio property taxes, partially offset by lower Ohio kWh taxes.
+Added: Other Expense —
+Added: Other expense increased $165 million in 2023, as compared to 2023, primarily due to lower net pension and OPEB non-service credits, a $21 million change in pension and OPEB mark-to-market adjustment charges, higher net interest expense associated with new long-term issuances and higher short-term borrowings, and a charge from an environmental agreement requiring a $10 million contribution to the EPA associated with a former generation plant of OE.
+Added: Distribution segment's effective tax rate was 20.0% and 23.1% for 2023 and 2022, respectively.
+Added: Integrated Segment — 2023 Compared with 2022
+Added: Integrated segment’s earnings attributable to FE from continuing operations increased $35 million in 2023, as compared to 2022, primarily due to lower other operating expenses, higher revenues from regulated investment programs and higher weather-adjusted customer usage and demand, partially offset by lower customer usage as a result of the weather, lower net pension and OPEB credits, and higher interest expense and costs from the PEER.
+Added: Integrated segment’s total revenues decreased $150 million as a result of the following sources:
+Added: For the Years Ended December 31,
+Added: Revenues by Type of Service 2023 2022 Increase (Decrease)
+Added: (In millions)
+Added: Distribution services $ 1,411 $ 1,459 $ (48)
+Added: Generation sales:
+Added: Retail 2,324 2,209 115
+Added: Wholesale 208 475 (267)
+Added: Total generation sales 2,532 2,684 (152)
+Added: Transmission revenues:
+Added: JCP&L 206 203 3
+Added: MP & PE 112 79 33
+Added: Total transmission revenues 318 282 36
+Added: Other 59 45 14
+Added: Total Revenues $ 4,320 $ 4,470 $ (150)
+Added: Distribution services revenues decreased $48 million in 2023, as compared to 2022, primarily due to lower customer usage as a result of the weather and lower recovery of transmission expenses, partially offset by higher rider revenues associated with certain investment programs, and higher weather-adjusted customer usage and demand.
+Added: Generation sales revenues decreased $152 million in 2023, as compared to 2022, primarily due to lower wholesale revenues, partially offset by higher retail revenues.
+Added: • Retail generation sales increased $115 million in 2023, as compared to 2022, primarily due to higher non-shopping generation auction rates, partially offset by lower sales volumes.
+Added: Retail generation sales, other than those in West Virginia, have no material impact to earnings.
+Added: • Wholesale generation revenues decreased $267 million in 2023, as compared to 2022, primarily due to lower capacity revenues, market prices and sales volumes.
+Added: The difference between current wholesale generation revenues and certain energy costs incurred is deferred for future recovery or refund, with no material impact to earnings.
+Added: Transmission revenues increased $36 million in 2023, as compared to 2022, primarily due to higher rate base from regulated investment programs.
+Added: Operating Expenses —
+Added: Total operating expenses decreased $203 million, primarily due to:
+Added: • Fuel costs decreased $192 million in 2023, as compared to 2022, primarily due to lower unit costs and consumption volumes.
+Added: Due to the ENEC, fuel expense has no material impact to earnings.
+Added: • Purchased power costs, which have no material impact to earnings, decreased $97 million in 2023, as compared to 2022, primarily due to lower unit costs and capacity expenses, partially offset by higher volumes.
+Added: • Other operating expenses decreased $70 million in 2023, as compared to 2022, primarily due to:
+Added: • Lower network transmission expenses of $30 million, which are deferred for future recovery, resulting in no material impact to earnings;
+Added: • Lower uncollectible expenses of $19 million, which are deferred for future recovery, resulting in no material impact to earnings;
+Added: • Lower storm restoration expenses of $10 million, which were mostly deferred for future recovery, resulting in no material impact to earnings;
+Added: • Lower expenses of $60 million, primarily due to the absence of the reclassification of certain transmission capital assets to operating expenses as a result of the FERC Audit.
+Added: This decrease was partially offset by:
+Added: • Lump sum compensation and severance benefits of $18 million associated with the PEER program and involuntary separations in 2023;
+Added: • Higher vegetation management in West Virginia, energy efficiency and other state mandated program costs of $17 million, which were deferred for future recovery;
+Added: • Higher other operating expenses of $14 million, primarily due to higher contractor expenses, partially offset by fewer regulated generation planned outages.
+Added: • Depreciation expense increased $32 million in 2023, as compared to 2022, primarily due to a higher asset base.
+Added: • Deferral of regulatory assets decreased $118 million in 2023, as compared to 2022, primarily due to:
+Added: • $181 million net decrease due to lower generation and transmission related deferrals;
+Added: • $8 million decrease due to lower deferral of storm related expenses.
+Added: This decrease was partially offset by:
+Added: • $40 million increase due to lower vegetation management and other program-related amortizations;
• $15 million increase due to higher energy efficiency related deferrals;
• $16 million related to net increases in other deferrals.
−Removed: • $9 million increase due to lower vegetation related amortizations.
−Removed: • General taxes increased $20 million in 2023, as compared to 2022, primarily due to higher gross receipts taxes and Ohio property taxes, partially offset by lower Ohio kWh taxes.
+Added: • General taxes increased $6 million in 2023, as compared to 2022, primarily due to higher payroll taxes.
Other Expense —
−Removed: Other expense increased $345 million in 2023, as compared to 2022, primarily due to lower net pension and OPEB non-service credits, a $28 million change in pension and OPEB mark-to-market adjustments, higher net interest expense associated with new long-term issuances and higher short-term borrowings, and a charge from an environmental settlement agreement requiring a $10 million contribution to the EPA associated with a former generation plant of OE.
−Removed: Regulated Distribution’s effective tax rate was 18.4% and 20.8% for 2023 and 2022, respectively.
−Removed: Regulated Transmission — 2023 Compared with 2022
−Removed: Regulated Transmission’s earnings attributable to FE from continuing operations increased $153 million in 2023, as compared to 2022, primarily due to the absence of a reserve for customer refunds and the reclassification of certain transmission capital assets that are not expected to be recoverable resulting from the FERC Audit that was recognized in the third quarter of 2022, as further discussed below, and an adjustment associated with the recovery of certain costs during 2023.
−Removed: Additionally, earnings increased as a result of regulated capital investments that increased rate base, which is partially offset by the 19.9% minority equity interest sale in FET that closed in May 2022.
+Added: Other expense increased $61 million in 2023, as compared to 2022, primarily due to lower net pension and OPEB non-service credits, a $7 million change in pension and OPEB mark-to-market adjustment charges, and higher net interest expense associated with new long-term issuances and higher short-term borrowings.
+Added: Income Taxes —
+Added: Integrated segment’s effective tax rate was 11.0% and 23.2% in 2023 and 2022, respectively.
+Added: The decrease in the effective tax rate is primarily due to discrete tax benefits related to the expected utilization of state NOL carryforwards and the release of an uncertain tax position related to state taxes recognized in 2023.
+Added: Stand-Alone Transmission Segment — 2023 Compared with 2022
+Added: Stand-Alone Transmission's earnings attributable to FE from continuing operations increased $84 million in 2023, as compared to 2022, primarily due to the absence of a reserve for customer refunds and the reclassification of certain transmission capital assets that are not expected to be recoverable resulting from the FERC Audit that was recognized in the third quarter of 2022, as further discussed below and as a result of regulated capital investments that increased rate base, partially offset by the dilutive effect of the 19.9% sale of FET equity interest that closed in May 2022.
Total revenues increased $151 million in 2023, as compared to 2022, primarily due to the absence of a reserve for customer refunds associated with the FERC Audit, as further discussed below, a true-up adjustment for the recovery of certain transmission formula rate operating costs during 2023 and a higher rate base.
6 unchanged sentences
MAIT 399 344 55
−Removed: JCP&L 205 203 2
−Removed: MP, PE and WP 202 138 64
+Added: KATCo 89 59 30
Total Revenues $ 1,748 $ 1,597 $ 151
3 unchanged sentences
Other Expense —
−Removed: Total other expense increased $75 million in 2023, as compared to 2022, primarily due to lower affiliated company interest income at FET, lower net pension and OPEB non-service credits and higher net financing costs due to the new debt issuances at MAIT and ATSI.
+Added: Total other expense increased $40 million in 2023, as compared to 2022, primarily due to a change in pension and OPEB mark-to-market adjustment charges of $22 million and pension and OPEB non-service credits partially offset by lower interest on long-term debt and borrowings under the revolving credit facilities and higher unregulated money pool interest income at FET.
Income Taxes —
−Removed: Regulated Transmission’s effective tax rate was 23.3% and 21.8% for 2023 and 2022, respectively.
+Added: Stand-Alone Transmission's effective tax rate was 23.6% and 24.2% for 2023 and 2022, respectively.
Corporate/Other — 2023 Compared with 2022
−Removed: Financial results from Corporate/Other resulted in a $781 million decrease in losses attributable to FE from continuing operations for 2023 compared to 2022, primarily due to lower income tax expense, lower interest and debt redemption expenses from the redemption of certain FE notes, as further discussed below, and lower affiliated company borrowings.
−Removed: Lower income tax expense was primarily due to the absence of an income tax charge of $752 million in 2022, representing the deferred tax liability associated with the deferred tax gain on the 19.9% sale of FET membership interest to Brookfield, and a 2023 tax benefit of $65 million, net of a reserve for uncertain tax positions, from the reduction of state income taxes and partial release of a valuation allowance for the expected utilization of state net operating losses based on an assessment of regulated business operation and the composition of a state tax return filing group, partially offset by a $58 million tax charge in 2023 associated with a true-up adjustment associated with the deferred tax gain on the 19.9% sale of FET membership interest.
−Removed: Financial results compared to the same period of 2022 also reflect higher investment earnings on corporate-owned life insurance policies and FEV’s interests in Signal Peak and lower debt redemption costs, partially offset by expenses associated with the cancellation of certain sponsorship agreements in 2023, higher investigation and other related costs associated with government investigations, a charge associated with an update to the McElroy’s Run ARO, lower pension and OPEB non-service credits and higher interest from the 2026 Convertible Notes issuance.
+Added: Financial results from Corporate/Other resulted in a $685 million decrease in losses attributable to FE from continuing operations for 2023 compared to 2022, primarily due to:
+Added: • Lower income tax expense primarily due to the absence of an income tax charge of $752 million in 2022, representing the deferred tax liability associated with the deferred tax gain on the 19.9% FET equity interest sale to Brookfield, and a 2023 tax benefit of $65 million, net of a reserve for uncertain tax positions, from the reduction of state income taxes and partial release of a valuation allowance for the expected utilization of state NOL carryforwards based on an assessment of regulated business operation and the composition of a state tax return filing group, partially offset by a $58 million tax charge in 2023 associated with a true-up adjustment associated with the deferred tax gain on the 19.9% FET equity
+Added: interest sale;
+Added: • $105 million (after-tax) of lower debt redemption costs;
+Added: • $6 million (after-tax) related to higher investment earnings on corporate-owned life insurance policies;
+Added: • $6 million (after-tax) in higher investment earnings related to FEV’s equity method investment in Global Holding.
+Added: The decrease in losses were partially offset by:
+Added: • $78 million (after-tax) related to lower pension and OPEB mark-to-market adjustment charges;
+Added: • $23 million (after-tax) of higher other operating expenses primarily related to the expenses associated with the cancellation of certain sponsorship agreements in 2023;
+Added: • $20 million (after-tax) from lower pension and OPEB non-service credits;
+Added: • $16 million (after-tax) of higher investigation and other related costs associated with the government investigations;
+Added: • $8 million (after-tax) for a charge associated with an update to the McElroy’s Run ARO;
+Added: • $5 million (after-tax) of higher interest expense from the 2026 Convertible Notes issuance.
REGULATORY ASSETS AND LIABILITIES
1 unchanged sentence
Regulatory liabilities represent amounts that are expected to be credited to customers through future regulated rates or amounts collected from customers for costs not yet incurred.
−Removed: FirstEnergy, the Utilities and the Transmission Companies net their regulatory assets and liabilities based on federal and state jurisdictions.
+Added: FirstEnergy, the Electric Companies and the Transmission Companies net their regulatory assets and liabilities based on federal and state jurisdictions.
Management assesses the probability of recovery of regulatory assets, and settlement of regulatory liabilities, at each balance sheet date and whenever new events occur.
Factors that may affect probability relate to changes in the regulatory environment, issuance of a regulatory commission order or passage of new legislation.
−Removed: Upon material changes to these factors, where
−Removed: applicable, FirstEnergy will record new regulatory assets and liabilities and will assess whether it is probable that currently recorded regulatory assets and liabilities will be recovered or settled in future rates.
+Added: Upon material changes to these factors, where applicable, FirstEnergy will record new regulatory assets and liabilities and will assess whether it is probable that currently recorded regulatory assets and liabilities will be recovered or settled in future rates.
The following table provides information about the composition of net regulatory assets and liabilities as of December 31, 2024 and 2023, and the changes during the year 2024:
19 unchanged sentences
Asset removal costs - Primarily represents the rates charged to customers that include a provision for the cost of future activities to remove assets, including obligations for which an ARO has been recognized, that are expected to be incurred at the time of retirement.
−Removed: Deferred transmission costs - Reflects differences between revenues earned based on actual costs for the formula-rate Transmission Companies and the amounts billed, including amounts expected to be refunded to, or recoverable from, wholesale transmission customers resulting from the FERC Audit, as further described below, which amounts are recorded as a regulatory asset or liability and recovered or refunded, respectively, in subsequent periods.
−Removed: Also included is the recovery of non-market based costs or fees charged to certain of the Utilities by various regulatory bodies including FERC and RTOs, which can include PJM charges and credits for service including, but not limited to, procuring transmission services and transmission enhancement.
+Added: Deferred transmission costs - Reflects differences between revenues earned based on actual costs for the formula-rate Transmission Companies and the amounts billed, including amounts at December 31, 2023, expected to be refunded to, or recoverable from, wholesale transmission customers resulting from the FERC Audit, which amounts are recorded as a regulatory asset or liability and recovered or refunded, respectively, in subsequent periods.
+Added: Also included is the recovery of non-market based costs or fees charged to certain of the Electric Companies by various regulatory bodies including FERC and RTOs, which can include PJM charges and credits for service including, but not limited to, procuring transmission services and transmission enhancement.
Deferred generation costs - Primarily relates to regulatory assets associated with the securitized recovery of certain fuel and purchased power regulatory assets at the Ohio Companies (amortized through 2034) as well as the ENEC at MP and PE.
4 unchanged sentences
Approximately $402 million and $254 million are currently being recovered through rates as of December 31, 2024 and 2023, respectively.
−Removed: Energy efficiency program costs - Relates to the recovery of costs in excess of revenues associated with energy efficiency programs including, New Jersey energy efficiency and renewable energy programs, the Pennsylvania Companies' Energy Efficiency and Conservation programs, the Ohio Companies' Demand Side Management and Energy Efficiency Rider, and PE's EmPOWER Maryland Surcharge.
+Added: Energy efficiency program costs - Relates to the recovery of costs in excess of revenues associated with energy efficiency programs including New Jersey energy efficiency and renewable energy programs, FE PA's Energy Efficiency and Conservation programs, the Ohio Companies' Demand Side Management and Energy Efficiency Rider, and PE's EmPOWER Maryland Surcharge.
Investments in certain of these energy efficiency programs earn a long-term return.
New Jersey societal benefit costs - Primarily relates to regulatory assets associated with MGP remediation, universal service and lifeline funds, and the New Jersey Clean Energy Program.
−Removed: Vegetation management costs - Relates to regulatory assets associated with the recovery of certain distribution vegetation management costs in New Jersey and West Virginia as well as certain transmission vegetation management costs at MAIT, ATSI and WP/PE (amortized through 2024, 2030 and 2036, respectively).
+Added: Vegetation management costs - Relates to regulatory assets associated with the recovery of certain distribution vegetation management costs in New Jersey, certain distribution and transmission vegetation management costs in West Virginia, and certain transmission vegetation management costs at ATSI (amortized through 2030) and KATCo (amortized through 2036).
The following table provides information about the composition of net regulatory assets that do not earn a current return as of December 31, 2024 and 2023, of which approximately $698 million and $371 million, respectively, are currently being recovered through rates over varying periods, through 2068, depending on the nature of the deferral and the jurisdiction:
6 unchanged sentences
Storm-related costs 694 602 92
−Removed: Pandemic-related costs 35 45 (10)
Vegetation management 16 21 (5)
6 unchanged sentences
Short-term cash requirements not met by cash provided from operations are generally satisfied through short-term borrowings.
−Removed: Long-term cash needs may be met through the issuance of long-term debt by FE and certain of its subsidiaries to, among other things, fund capital expenditures and other capital-like investments, and refinance short-term and maturing long-term debt, subject to market conditions and other factors.
+Added: Long-term cash needs may be met through the issuance of long-term debt by FE and certain of its subsidiaries to, among other things, fund capital expenditures and other capital-like investments, and
+Added: refinance short-term and maturing long-term debt, subject to market conditions and other factors.
FE may utilize instruments other than senior notes to fund its liquidity and capital requirements, including hybrid securities.
−Removed: Investments in 2023 by business segment are included below:
−Removed: Business Segment 2023
+Added: Capital investments by business segment are included below:
+Added: Business Segment 2022 Actual
(In millions)
−Removed: Regulated Distribution (1)
−Removed: Regulated Transmission 1,781
+Added: Distribution $ 1,047 $ 1,020 $ 1,285
+Added: Integrated (1)
+Added: 1,111 1,336 1,690
+Added: Stand-Alone Transmission 1,005 1,273 1,427
Corporate/Other 81 118 97
1 unchanged sentence
(1) Includes capital expenditures and capital-like investments that earn a return.
−Removed: Beginning in 2024, FirstEnergy changed its reportable segments to include Distribution, which will consist of the Ohio Companies and FE PA;
−Removed: Integrated, which will consist of MP, PE and JCP&L;
−Removed: and Stand-Alone Transmission, which will consist of FE's ownership in FET and KATCo.
−Removed: On January 1, 2024, WP transferred certain of its Pennsylvania-based transmission assets to KATCo.
−Removed: Corporate/Other will reflect corporate support and other support costs not charged or attributable to the Utilities or Transmission Companies, including FE's retained Pension and OPEB assets and liabilities of former subsidiaries, interest
−Removed: expense on FE's holding company debt and other investments or businesses that do not constitute an operating segment, including FEV's investment of 33-1/3% equity ownership in Global Holding.
Capital investment forecasts for the years ended 2025, 2026, 2027, 2028, and 2029 by business segment are included below:
6 unchanged sentences
Distribution $ 1,405 $ 1,390 $ 1,460 $ 1,540 $ 1,645
−Removed: Stand-Alone Transmission 1,400 1,500 1,600 1,700 1,900
Integrated (1)
1,835 1,910 2,150 2,410 2,530
+Added: Stand-Alone Transmission (2)
+Added: 1,650 1,790 1,885 1,980 2,180
Corporate/Other 85 70 75 65 70
1 unchanged sentence
(1) Includes capital expenditures and capital-like investments that earn a return.
+Added: (2) Consolidated plan includes Brookfield's non-controlling interest in FET
In alignment with FirstEnergy’s strategy to invest in its segments as a fully regulated company, FirstEnergy is focused on maintaining balance sheet strength and flexibility.
5 unchanged sentences
On February 2, 2023, FE, along with FET, entered into the FET P&SA II with Brookfield and the Brookfield Guarantors, pursuant to which FE agreed to sell to Brookfield at the closing, and Brookfield agreed to purchase from FE, an incremental 30% equity interest in FET for a purchase price of $3.5 billion.
−Removed: The majority of the purchase price is expected to be paid in cash upon closing, and the remainder will be payable by the issuance of a promissory note, which is expected to be repaid by the end of 2024.
−Removed: As a result of the consummation of the transaction, Brookfield’s interest in FET will increase from 19.9% to 49.9%, while FE will retain the remaining 50.1% ownership interests of FET.
−Removed: The transaction is subject to customary closing conditions, including approval from the PPUC.
−Removed: In addition, pursuant to the FET P&SA II, FirstEnergy made the necessary filings with the applicable regulatory authorities for the PA Consolidation.
−Removed: The FET Minority Equity Interest Sale is expected to close by the end of the first quarter of 2024.
−Removed: Upon closing, FET will continue to be consolidated in FirstEnergy’s financial statements.
−Removed: On January 1, 2024, FirstEnergy consolidated the Pennsylvania Companies into FE PA, including OE subsidiary, Penn, making FE PA a new, single operating entity.
−Removed: In addition to merging each of the Pennsylvania Companies with and into FE PA, with FE PA surviving such mergers as the successor-in-interest to all assets and liabilities of the Pennsylvania Companies, (i) WP transferred certain of its Pennsylvania-based transmission assets to KATCo, and (ii) PN and ME contributed their respective Class B equity interests of MAIT to FE.
−Removed: FE PA, as of January 1, 2024, is FE’s only regulated distribution utility in Pennsylvania encompassing the operations previously conducted individually by the Pennsylvania Companies and serves an area with a population of approximately 4.5 million.
−Removed: FE PA operates under the rate districts of the former Pennsylvania Companies.
−Removed: FirstEnergy is also evaluating the legal, financial, operational and branding benefits of consolidating the Ohio Companies into a single Ohio utility company.
−Removed: Post-pandemic economic conditions have increased supply chain lead times across numerous material categories, with some as much as tripling from pre-pandemic lead times.
−Removed: Several key suppliers have struggled with labor shortages and raw material availability, which along with inflationary pressure that appears to be moderating, have increased costs and decreased the availability of certain materials, equipment and contractors.
−Removed: FirstEnergy has taken steps to mitigate these risks and does not currently expect service disruptions or any material impact on its capital spending plan.
−Removed: However, the situation remains fluid and a prolonged continuation or further increase in supply chain disruptions could have an adverse effect on FirstEnergy’s results of operations, cash flow and financial condition.
−Removed: On May 9, 2023, FirstEnergy announced a voluntary retirement program for eligible non-bargaining employees, known as the PEER.
−Removed: More than 65% of eligible employees, totaling approximately 450 employees, accepted the PEER, which included lump sum compensation equivalent to severance benefits, healthcare continuation costs and a temporary pension enhancement.
−Removed: Most PEER participating employees departed in 2023.
−Removed: The temporary pension enhancement and healthcare continuation costs are classified as special termination costs within net periodic benefit costs (credits).
−Removed: In addition to the PEER, FirstEnergy notified and involuntarily separated approximately 90 employees on May 9, 2023.
−Removed: Management expects the cost savings resulting from these initiatives to support FirstEnergy’s growth plans.
−Removed: As of December 31, 2023, FirstEnergy’s net deficit in working capital (current assets less current liabilities) was primarily due to accounts payable, current portion of long-term debt, short-term borrowings and accrued interest, taxes, and compensation and
+Added: The FET Equity Interest Sale closed on March 25, 2024 and FET continues to be consolidated in FirstEnergy’s financial statements.
+Added: The purchase price was paid in part by the issuance of two promissory notes at closing having an aggregate principal amount of $1.2 billion with:
+Added: (i) one promissory note having an aggregate principal amount of $750 million, at an interest rate of 5.75% per annum, with a maturity date of September 25, 2025 and (ii) one promissory note having an aggregate principal amount of $450 million, at an interest rate of 7.75% per annum, with a maturity date of December 31, 2024.
+Added: The remaining $2.3 billion of the purchase price was paid in cash at closing.
+Added: On July 17, 2024, Brookfield paid FE approximately $1.2 billion in full satisfaction of the promissory notes.
+Added: Interest income associated with the promissory notes was $24 million for the year ended December 31, 2024 and is reported within “Miscellaneous income, net” on FirstEnergy’s Consolidated Statements of Income.
+Added: As a result of the consummation of the transaction, Brookfield’s interest in FET increased from 19.9% to 49.9%, while FE retained the remaining 50.1% ownership interests of FET.
+Added: On January 1, 2024, FirstEnergy consolidated the Pennsylvania Companies into FE PA, rendering FE PA a new, single operating entity and the successor-in-interest to all assets and liabilities of the Pennsylvania Companies.
+Added: As of January 1, 2024, FE PA is FE’s only regulated distribution power company in Pennsylvania encompassing the operations previously conducted individually by the Pennsylvania Companies.
+Added: Also on January 1, 2024, WP transferred certain of its Pennsylvania-based transmission assets to KATCo, and PN and ME contributed their respective Class B equity interests of MAIT to FE, which were ultimately contributed to FET in exchange for a special purpose membership interest in FET.
+Added: So long as FE holds the FET special purpose membership interests, it will receive 100% of any Class B distributions made by MAIT.
+Added: Economic conditions have stabilized across numerous material categories, but not all lead times have returned to pre-pandemic levels.
+Added: Several key suppliers have seen improvements with capacity, but FirstEnergy continues to monitor the situation as demand increases across the industry, including due to data center usage.
+Added: Inflationary pressures have moderated, which has improved the cost of materials, but certain categories have remained elevated.
+Added: FirstEnergy continues to implement mitigation strategies to address supply constraints and does not expect any corresponding service disruptions or any material impact on its capital investment plan.
+Added: However, the situation remains fluid and a prolonged continuation or further increase in demand, or the continuation of uncertain or adverse macroeconomic conditions, including inflationary pressures and new or increased existing tariffs, could lead to an increase in supply chain disruptions that could, in turn, have an adverse effect on FirstEnergy’s results of operations, cash flow and financial condition.
+Added: In February 2025, the new U.S.
+Added: presidential administration announced the imposition of widespread and substantial tariffs on imports, with plans for additional tariffs to potentially be adopted in the future.
+Added: Although certain of these tariffs were subsequently temporarily stayed, the situation is dynamic and subject to rapid change.
+Added: The imposition of these or any other new or increased tariffs or resultant trade wars could have an adverse effect on FirstEnergy's results of operations, cash flow and financial condition.
+Added: In December 2023, FirstEnergy, executed a lift-out transaction with Banner Life Insurance Company and Reinsurance Group of America that transferred approximately $683 million of plan assets and $719 million of plan obligations, associated with approximately 1,900 former competitive generation employees, who will assume future and full responsibility to fund and administer their benefit payments.
+Added: There was no change to the pension benefits for any participants as a result of the transfer.
+Added: The transaction was funded by pension plan assets and resulted in a pre-tax gain of approximately $36 million, which was included in the fourth quarter 2023 pension and OPEB mark-to-market adjustment charge.
+Added: Additionally, in January 2025, FirstEnergy executed a lift-out transaction with MetLife, that transferred approximately $640 million of plan assets and $652 million of plan obligations, associated with approximately 2,000 former competitive generation employees, who will assume future and full responsibility to fund and administer their benefit payments.
+Added: Similar to the lift-out in 2023, there was no change to the pension benefits for any participant as a result of the transfer and the transaction was funded by pension plan assets.
+Added: FirstEnergy believes that this lift-out transaction, in addition to the lift-out in 2023, further de-risked potential volatility with the pension plan assets and liabilities, and will continue to evaluate other lift-outs in the future based on market and other conditions.
+Added: As of December 31, 2024, FirstEnergy’s net deficit in working capital (current assets less current liabilities) was primarily due to accounts payable, current portion of long-term debt, short-term borrowings and accrued interest, taxes, and compensation and benefits.
FirstEnergy believes its cash from operations and available liquidity will be sufficient to meet its current working capital needs.
1 unchanged sentence
Short-Term Borrowings / Revolving Credit Facilities
−Removed: On October 18, 2021, FE, FET, the Utilities, and the Transmission Companies entered into the 2021 Credit Facilities, which were six separate senior unsecured five-year syndicated revolving credit facilities with JPMorgan Chase Bank, N.A., Mizuho Bank, Ltd.
−Removed: and PNC Bank, National Association that replaced the FE Revolving Facility and the FET Revolving Facility, and provide for aggregate commitments of $4.5 billion.
−Removed: Under the 2021 Credit Facilities, an aggregate amount of $4.5 billion is available to be borrowed, repaid and reborrowed, subject to each borrower’s respective sublimit under the respective facilities.
−Removed: These credit facilities provide substantial liquidity to support the Regulated businesses, and each of the operating companies within the businesses.
−Removed: On October 20, 2023, FE and certain of its subsidiaries entered into the amendments to each of the 2021 Credit Facilities to, among other things;
−Removed: (i) amend the FE Revolving Facility to release FET as a borrower and (ii) extend the maturity date of the 2021 Credit Facilities for an additional one-year period, from October 18, 2026 to October 18, 2027.
−Removed: Also, on October 20, 2023, each of FET and KATCo entered into the 2023 Credit Facilities.
−Removed: In connection with PA Consolidation, the Pennsylvania Companies' rights and obligations under their revolving credit facility were assumed by FE PA on January 1, 2024.
−Removed: Under the FET Revolving Facility, $1.0 billion is available to be borrowed, repaid and reborrowed until October 20, 2028.
−Removed: Under the KATCo Revolving Facility, (i) $150 million is available to be borrowed, repaid and reborrowed until October 20, 2027, (ii) borrowings will mature on the earlier of 364 days from the date of borrowing or the commitment termination date, as the same may be extended;
−Removed: upon KATCo demonstrating to the administrative agent authorization to borrow amounts maturing more than 364 days from the date of borrowing, its borrowings will mature on the latest commitment termination date.
−Removed: KATCo may not draw on the KATCo Credit Facility until the satisfaction of certain conditions, including the availability of first quarter financial statements, which are expected to be completed during the second quarter of 2024.
−Removed: The 2021 Credit Facilities and 2023 Credit Facilities are as follows:
+Added: On October 24, 2024, FE and certain of its subsidiaries entered into the following amendments to each of the 2021 Credit Facilities to, among other things:
+Added: (i) extend the maturity date of the 2021 Credit Facilities for an additional one-year period, from October 18, 2027 to October 18, 2028, and (ii) increase the borrowing limit of the JCP&L credit facility from $500 million to $750 million.
+Added: Also on October 24, 2024, each of FET and KATCo entered into amendments of the 2023 Credit Facilities, to, among other things, extend the maturity date of the 2023 Credit Facilities for an additional one-year period, from October 20, 2028 to October 20, 2029 and from October 20, 2027 to October 20, 2028, for the FET credit facility and KATCo credit facility, respectively.
+Added: The 2021 Credit Facilities and 2023 Credit Facilities, as amended on October 24, 2024, are as follows:
• FE, $1.0 billion revolving credit facility;
4 unchanged sentences
• MP and PE, $400 million revolving credit facility;
−Removed: • Transmission Companies, $850 million revolving credit facility;
+Added: • ATSI, MAIT and TrAIL, $850 million revolving credit facility;
• KATCo, $150 million revolving credit facility.
2 unchanged sentences
Each of the 2021 Credit Facilities and 2023 Credit Facilities contain financial covenants requiring each borrower, with the exception of FE, to maintain a consolidated debt-to-total-capitalization ratio (as defined under each of the 2021 Credit Facilities and 2023 Credit Facilities) of no more than 65%, and 75% for FET, measured at the end of each fiscal quarter.
−Removed: FE is required under its 2021 Credit Facility to maintain a consolidated interest coverage ratio of not less than 2.50 times, measured at the end of each fiscal quarter for the last four fiscal quarters beginning with the quarter ending December 31, 2021.
−Removed: FirstEnergy’s 2021 Credit Facilities and 2023 Credit Facilities bear interest at fluctuating interest rates, primarily based on SOFR, including term SOFR and daily simple SOFR.
+Added: FE is required under its credit facility to maintain a consolidated interest coverage ratio of not less than 2.50 times, measured at the end of each fiscal quarter for the last four fiscal quarters.
+Added: The 2021 Credit Facilities and 2023 Credit Facilities bear interest at fluctuating interest rates, primarily based on SOFR, including term SOFR and daily simple SOFR.
FirstEnergy has not hedged its interest rate exposure with respect to its floating rate debt.
Accordingly, FirstEnergy’s interest expense for any particular period will fluctuate based on SOFR and other variable interest rates.
−Removed: The high interest rate environment has caused the rate and interest expense on borrowings under the various FirstEnergy credit facilities to be significantly higher.
Restricted access to capital markets and/or increased borrowing costs could have an adverse effect on FirstEnergy’s results of operations, cash flows, financial condition and liquidity.
6 unchanged sentences
Ohio Companies October 2028 800 312
−Removed: October 2027 950 $ 950
+Added: FE PA October 2028 950 931
JCP&L October 2028 750 722
MP and PE October 2028 400 198
−Removed: Transmission Companies October 2027 850 $ 850
−Removed: October 2027 150 $ 150
+Added: ATSI, MAIT and TrAIL October 2028 850 844
+Added: KATCo October 2028 150 150
Subtotal $ 5,900 $ 4,779
1 unchanged sentence
Total $ 5,900 $ 4,815
−Removed: (1) Effective January 1, 2024, FE PA succeeded the Pennsylvania Companies as the borrower under the Pennsylvania Companies' revolving credit facility.
−Removed: (2) KATCo may not draw on the KATCo Credit Facility until the satisfaction of certain conditions, including the availability of first quarter financial statements, which are expected to be completed during the second quarter of 2024.
The following table summarizes the limitations on short-term indebtedness applicable to each borrower under current regulatory approvals and applicable statutory and/or charter limitations as of December 31, 2024:
−Removed: Individual Borrower Regulatory Debt Limitations Credit Facility Limitations Debt-to-Total-Capitalization Ratio
+Added: Individual Borrower Regulatory Debt Limitations Credit Facility Commitment Debt-to-Total-Capitalization Ratio
(In millions)
4 unchanged sentences
1,250 950 47.3 %
−Removed: 200 150 N/A (4)
1,000 750 32.4 %
6 unchanged sentences
400 150 39.6 %
−Removed: 400 150 39.6 %
−Removed: 300 200 51.5 %
−Removed: (1) Includes amounts which may be borrowed under the regulated companies’ money pool.
−Removed: (2) ME, PN, Penn, and WP merged with and into FE PA effective January 1, 2024.
−Removed: FE PA's regulatory debt limitation is $1.25 billion, and its credit facility limitation is $950 million.
−Removed: (3) FE is not required to maintain a debt-to-total-capitalization ratio under the 2021 Credit Facilities and 2023 Credit Facilities.
+Added: (1) Regulatory debt limitations include amounts which may be borrowed under the regulated companies’ money pool.
+Added: (2) FE is not required to maintain a debt-to-total-capitalization ratio under its credit facility.
However, FE is required to maintain a consolidated interest coverage ratio of not less than 2.50 times, measured at the end of each fiscal quarter for the last four fiscal quarters beginning with the quarter ending December 31, 2021.
−Removed: FE's interest coverage ratio as of December 31, 2023 was 4.45.
−Removed: (4) KATCo may not draw on the KATCo Credit Facility until the satisfaction of certain conditions, including the availability of first quarter financial statements, which are expected to be completed during the second quarter of 2024.
+Added: FE's consolidated interest coverage ratio as of December 31, 2024 was approximately 4.5 times.
Subject to each borrower’s sublimit, the amounts noted below are available for the issuance of LOCs (subject to borrowings drawn under the 2021 Credit Facilities and 2023 Credit Facilities) expiring up to one year from the date of issuance.
The stated amount of outstanding LOCs will count against total commitments available under each of the 2021 Credit Facilities and 2023 Credit Facilities and against the applicable borrower’s borrowing sublimit.
−Removed: As of December 31, 2023, FirstEnergy had $4 million in outstanding LOCs.
−Removed: Revolving Credit Facility LOC Availability
+Added: As of December 31, 2024, FirstEnergy had $170 million in outstanding LOCs, $139 million of which are issued under the revolving credit facilities.
+Added: Revolving Credit Facility LOC Availability LOC Utilized
as of December 31, 2024
1 unchanged sentence
Ohio Companies 150 31
−Removed: Pennsylvania Companies (1)
MP and PE 100 52
−Removed: Transmission Companies 200
−Removed: (1) ME, PN, Penn, and WP merged with and into FE PA effective January 1, 2024.
−Removed: (2) KATCo may not draw on the KATCo Credit Facility until the satisfaction of certain conditions, including the availability of first quarter financial statements, which are expected to be completed during the second quarter of 2024.
+Added: ATSI, MAIT and TrAIL 200 6
The 2021 Credit Facilities and 2023 Credit Facilities do not contain provisions that restrict the ability to borrow or accelerate payment of outstanding advances in the event of any change in credit ratings of the borrowers.
1 unchanged sentence
Additionally, borrowings under each of the 2021 Credit Facilities and 2023 Credit Facilities are subject to the usual and customary provisions for acceleration upon the occurrence of events of default, including a cross-default for other indebtedness in excess of $100 million.
−Removed: As of December 31, 2023, the borrowers were in compliance with the applicable interest coverage and debt-to-total-capitalization ratio covenants in each case as defined under the 2021 Credit Facilities and 2023 Credit Facilities.
+Added: As of December 31, 2024, FE was in compliance with its applicable consolidated interest coverage ratio and the borrowers in each case as defined under the 2021 Credit Facilities and 2023 Credit Facilities, were in compliance with their debt-to-total-capitalization ratio covenants.
FirstEnergy Money Pools
−Removed: FirstEnergy’s utility operating subsidiary companies also have the ability to borrow from each other and FE to meet their short-term working capital requirements.
+Added: FirstEnergy’s regulated operating subsidiary companies also have the ability to borrow from each other and FE to meet their short-term working capital requirements.
+Added: Effective September 23, 2024, AGC and KATCo became participants in the regulated companies’ money pool.
Similar but separate arrangements exist among FirstEnergy’s unregulated companies with AE Supply, FE, FET, FEV and certain other unregulated subsidiaries.
+Added: As of June 1, 2024, FET no longer participated in the unregulated money pool.
FESC administers these money pools and tracks surplus funds of FE and the respective regulated and unregulated subsidiaries, as the case may be, as well as proceeds available from bank borrowings.
1 unchanged sentence
The rate of interest is the same for each company receiving a loan from their respective pool and is based on the average cost of funds available through the pool.
−Removed: The high interest rate environment has caused the rate and interest expense on borrowings under the various FirstEnergy credit facilities to be significantly higher.
Average Interest Rates Regulated Companies’ Money Pool Unregulated Companies’ Money Pool
3 unchanged sentences
FE’s and its subsidiaries’ access to capital markets and costs of financing are influenced by the credit ratings of their securities.
−Removed: Effective January 1, 2024, as a result of the PA Consolidation, the ratings agencies withdrew their prior ratings for ME, PN, Penn and WP.
The following table displays FE’s and its subsidiaries’ credit ratings as of February 25, 2025:
−Removed: Corporate Credit Rating Senior Secured Senior Unsecured Outlook/CreditWatch (1)
+Added: Corporate Credit Rating Senior Secured Senior Unsecured Outlook/Credit/Watch (1)
Issuer S&P Moody’s Fitch S&P Moody’s Fitch S&P Moody’s Fitch S&P Moody’s Fitch
−Removed: FE BBB- Ba1 BBB- — — — BB+ Ba1 BBB- P RUR (2)
−Removed: AGC BB+ Baa2 BBB — — — — — — P S S
−Removed: ATSI BBB A3 BBB — — — BBB A3 BBB+ P S S
−Removed: CEI BBB Baa3 BBB A- Baa1 A- BBB Baa3 BBB+ P S S
−Removed: FE PA BBB A3 BBB A- A1 (3)
−Removed: A- BBB A3 (3)
−Removed: FET BBB- Baa2 BBB- — — — BB+ Baa2 BBB- P S S
−Removed: JCP&L BBB A3 BBB — — — BBB A3 BBB+ P S S
−Removed: KATCo — A3 BBB — — — — — — — S S
−Removed: MAIT BBB A3 BBB — — — BBB A3 BBB+ P S S
−Removed: MP BBB Baa2 BBB A- A3 A- BBB Baa2 — S S S
−Removed: OE BBB A3 BBB A- A1 A- BBB A3 BBB+ P S S
+Added: FE BBB Baa3 BBB — — — BBB- Baa3 BBB P S S
+Added: Distribution:
+Added: CEI BBB Baa3 BBB+ — — — BBB Baa3 A- P S P
+Added: OE BBB+ A3 BBB+ A A1 A BBB+ A3 A- P S P
+Added: TE BBB+ Baa2 BBB+ A A3 A — — — P S P
+Added: FE PA BBB+ A3 BBB+ A A1 — BBB+ A3 A- P S P
+Added: JCP&L BBB A3 A- — — — BBB A3 A P S S
+Added: MP BBB Baa2 A- A- A3 A+ BBB Baa2 — S S S
+Added: AGC BBB- Baa2 A- — — — — — — S S S
PE BBB Baa2 BBB+ A- A3 A — — — S S S
−Removed: TE BBB Baa2 BBB A- A3 A- — — — P S S
−Removed: TrAIL BBB A3 BBB — — — BBB A3 BBB+ P S S
−Removed: (1) S = Stable, P = Positive, RUR= Ratings Under Review for upgrade
−Removed: (2) On November 9, 2023, Moody's placed FE's rating under review for upgrade
−Removed: (3) Legacy debt issued under FMBs by FE PA's predecessors (WP and Penn) are rated A1, Stable at Moody's.
−Removed: In addition, legacy senior unsecured debt issued by FE PA's predecessors (ME and PN) are rated A3, Stable at Moody's.
−Removed: Once secured or unsecured debt is issued by FE PA, Moody's will assign a respective credit rating.
+Added: Stand-Alone Transmission:
+Added: FET A- Baa2 BBB+ — — — BBB+ Baa2 BBB+ P S S
+Added: ATSI A- A3 A — — — A- A3 A+ P S S
+Added: MAIT A- A3 A — — — A- A3 A+ P S S
+Added: TrAIL A- A3 A — — — A- A3 A+ P S S
+Added: KATCo — A3 A- — — — — — — — S S
+Added: (1) S = Stable, P = Positive
The applicable undrawn and drawn margin on the 2021 Credit Facilities and 2023 Credit Facilities are subject to ratings-based pricing grids.
3 unchanged sentences
Generally, a one-notch downgrade by the applicable rating agency may result in a 25 basis point coupon rate increase beginning at BB, Ba1, and BB+ for S&P, Moody’s and Fitch, respectively, to the extent such rating is applicable to the series of outstanding senior unsecured notes, during the next interest period, subject to an aggregate cap of 2% from issuance interest rate.
−Removed: Debt capacity is subject to the consolidated interest coverage ratio in the 2021 Credit Facilities.
−Removed: As of December 31, 2023, FirstEnergy could incur approximately $880 million of incremental interest expense or incur an approximate $2.2 billion reduction to the consolidated interest coverage earnings numerator, as defined under the covenant, and FE would remain within the limitations of the financial covenant required by the 2021 Credit Facilities.
+Added: Debt capacity is subject to the consolidated interest coverage ratio in FE's credit facility.
+Added: As of December 31, 2024, FirstEnergy could incur approximately $930 million of incremental interest expense or incur an approximate $2.3 billion reduction to the consolidated interest coverage earnings numerator, as defined under the covenant, and FE would remain within the limitations of the financial covenant requirements of FE's credit facility.
Cash Requirements and Commitments
19 unchanged sentences
(2) See Note 8, "Leases," of the Notes to Consolidated Financial Statements.
−Removed: (3) Based on estimated annual amounts under contract with fixed or minimum quantities
+Added: (3) Based on estimated annual amounts under contract with fixed or minimum quantities, and includes payment obligations under termination agreements.
(4) Amounts represent committed capital expenditures and other capital-like investments that earn a return.
−Removed: (5) As discussed further below, FirstEnergy does not expect to have a required contribution to the pension plan until 2028.
−Removed: Excluded from the table above are estimates for the cash outlays from power purchase contracts entered into by most of the Utilities and under which they procure the power supply necessary to provide generation service to their customers who do not choose an alternative supplier.
+Added: (5) As discussed further below, FirstEnergy does not currently expect to have a required contribution to the pension plan until 2027.
+Added: Excluded from the table above are estimates for the cash outlays from power purchase contracts entered into by most of the Electric Companies and under which they procure the power supply necessary to provide generation service to their customers who do not choose an alternative supplier.
Although actual amounts will be determined by future customer behavior, consumption levels and power prices, management currently estimates these cash outlays will be approximately $4.1 billion in 2025.
3 unchanged sentences
FirstEnergy’s pension funding policy is based on actuarial computations using the projected unit credit method.
−Removed: On May 12, 2023, FirstEnergy made a $750 million voluntary cash contribution to the qualified pension plan.
−Removed: FirstEnergy does not currently expect to have a required contribution to the pension plan until 2028, which based on various assumptions, including an expected rate of return on assets of 8.0%, is expected to be approximately $260 million.
+Added: FirstEnergy does not currently expect to have a required contribution to the pension plan until 2027, which based on various assumptions, including an expected rate of return on assets of 8.5% for 2025, is expected to be approximately $300 million.
However, FirstEnergy may elect to contribute to the pension plan voluntarily.
+Added: Convertible Notes
+Added: As discussed above, on May 4, 2023, FE issued $1.5 billion aggregate principal amount of 2026 Convertible Notes, with a fixed interest rate of 4.00% per year, payable semiannually in arrears on May 1 and November 1 of each year, beginning on November 1, 2023.
+Added: The 2026 Convertible Notes are unsecured and unsubordinated obligations of FE, and will mature on May 1, 2026, unless required to be converted or repurchased in accordance with their terms.
+Added: However, FE may not elect to redeem the 2026 Convertible Notes prior to the maturity date.
+Added: The 2026 Convertible Notes are included within “Long-term debt and other long-term obligations” on the FirstEnergy Consolidated Balance Sheets.
+Added: Proceeds from the issuance were approximately $1.48 billion, net of issuance costs.
+Added: Prior to the close of business on the business day immediately preceding February 1, 2026, the 2026 Convertible Notes will be convertible at the option of the holders only under the following conditions:
+Added: • During any calendar quarter, if the last reported sale price of FE’s common stock for at least 20 trading days during the period of 30 consecutive trading days ending on, and including, the last trading day of the immediately preceding calendar quarter is greater than or equal to 130% of the conversion price on each applicable trading day;
+Added: • During the five consecutive business day period immediately after any 10 consecutive trading day period in which the trading price per $1,000 principal amount of the 2026 Convertible Notes for each trading day of such 10 trading day period was less than 98% of the product of the last reported sale price of FE’s common stock and the conversion rate on each such trading day;
+Added: • Upon the occurrence of certain corporate events specified in the indenture governing the 2026 Convertible Notes.
+Added: On and after February 1, 2026, until the close of business on the second scheduled trading day immediately preceding the maturity date, holders of the 2026 Convertible Notes may convert all or any portion of their 2026 Convertible Notes at their option at any time at the conversion rate then in effect, irrespective of these conditions.
+Added: FE will settle conversions of the 2026 Convertible Notes, if any, by paying cash up to the aggregate principal amount of the 2026 Convertible Notes being converted and by paying cash or delivering shares of FE’s common stock (or a combination of each), at its election, of its conversion obligation in excess of the aggregate principal amount of the 2026 Convertible Notes being converted.
+Added: The conversion rate for the 2026 Convertible Notes will initially be 21.3620 shares of FE’s common stock per $1,000 principal amount of the 2026 Convertible Notes (equivalent to an initial conversion price of approximately $46.81 per share of FE’s common stock).
+Added: The initial conversion price of the 2026 Convertible Notes represents a premium of approximately 20% over the last reported sale price of FE’s common stock on the New York Stock Exchange on May 1, 2023.
+Added: The conversion rate and the corresponding conversion price will be subject to adjustment in some events but will not be adjusted for any accrued and unpaid interest.
+Added: FE may not elect to redeem the 2026 Convertible Notes prior to the maturity date.
+Added: If FE undergoes a fundamental change (as defined in the relevant indenture), subject to certain conditions, holders of the 2026 Convertible Notes may require FE to repurchase for cash all or any portion of their 2026 Convertible Notes at a repurchase price equal to 100% of the principal amount of the 2026 Convertible Notes to be repurchased, plus accrued and unpaid interest to, but excluding, the fundamental change repurchase date (as defined in the relevant indenture).
+Added: In addition, if certain fundamental changes occur, FE may be required, in certain circumstances, to increase the conversion rate for any 2026 Convertible Notes converted in connection with such fundamental changes by a specified number of shares of its common stock.
Changes in Cash Position
13 unchanged sentences
Net cash provided from operating activities was $2,891 million during 2024, $1,387 million during 2023, and $2,683 million during 2022.
−Removed: The decrease in cash from operating activities in 2023 from 2022 is primarily due to:
−Removed: • A $750 million cash contribution to the qualified pension plan in the second quarter of 2023;
−Removed: • Higher payments, primarily on generation energy purchases for certain customers, net of related customer receivable receipts;
−Removed: • The return of cash collateral to certain generation suppliers that serve shopping customers that was previously received as a result of changes in power prices;
−Removed: • Lower net transmission revenue collection based on the timing of formula rate collections;
−Removed: • Lower distribution sales revenue as a result of mild weather conditions, as further discussed above;
−Removed: partially offset by:
−Removed: • Higher returns from regulated distribution and transmission capital investments;
−Removed: • Lower customer refunds and credits associated with the PUCO-approved Ohio Stipulation.
+Added: The increase in cash from operating activities in 2024 from 2023 is primarily due to:
+Added: • Lower payments, primarily on generation energy purchases for certain customers, net of related customer receivable receipts;
+Added: • The return of cash collateral in 2024 that was previously posted with PJM, which was replaced with issuances of letters of credit;
+Added: • The absence of cash collateral returned to certain generation suppliers that serve shopping customers during 2023 that was previously received as a result of changes in power prices;
+Added: • $750 million cash contribution to qualified pension plan in the second quarter of 2023;
+Added: • Receipt of the derivative lawsuit settlement proceeds in the second quarter of 2024;
+Added: • Higher net transmission revenue collection based on the timing of formula rate collections;
+Added: • Higher returns from distribution, integrated, and transmission capital investments.
+Added: The increase in cash provided from operating activities was partially offset by:
+Added: • Lower dividend distribution received by FEV from its equity investments in Global Holding;
+Added: • Higher payments associated with Pennsylvania gross receipts taxes;
+Added: • Payment of the SEC civil penalty and OAG settlement in the third quarter of 2024.
FirstEnergy's Consolidated Statements of Cash Flows combines cash flows from discontinued operations with cash flows from continuing operations within each cash flow category.
7 unchanged sentences
Cash used for investing activities in 2024 principally represented cash used for capital investments.
−Removed: The following table summarizes cash used for (received from) investing activities for the years ended 2023, 2022 and 2021:
+Added: The following table summarizes cash used for investing activities for the years ended 2024, 2023 and 2022:
For the Years Ended December 31,
2 unchanged sentences
Capital Investments:
−Removed: Regulated Distribution $ 1,631 $ 1,605 $ 1,437
−Removed: Regulated Transmission 1,610 1,192 958
+Added: Distribution Segment $ 1,130 $ 936 $ 925
+Added: Integrated Segment 1,542 1,212 998
+Added: Stand-Alone Transmission Segment 1,266 1,093 874
Corporate / Other 92 115 51
−Removed: Proceeds from sale of Yards Creek — — (155)
Asset removal costs 305 274 213
1 unchanged sentence
$ 4,350 $ 3,652 $ 3,076
−Removed: Cash used for investing activities during 2023 increased $576 million, compared to 2022, primarily due to higher planned capital investment spend at the Regulated Transmission segment.
+Added: Cash used for investing activities during 2024 increased $698 million, compared to 2023, primarily due to higher planned capital investment spend.
Cash Flows From Financing Activities
5 unchanged sentences
Unsecured notes $ 2,100 $ 1,050 $ 300
+Added: Unsecured convertible notes — 1,500 —
FMBs — 600 400
−Removed: Senior secured notes — — 150
2,100 3,150 700
1 unchanged sentence
Unsecured notes (2,013) (494) (2,737)
−Removed: Pollution control revenue bonds — — (74)
FMBs (700) — (200)
1 unchanged sentence
(2,760) (537) (3,005)
−Removed: Proceeds from FET minority interest sale, net of transaction costs — 2,348 —
−Removed: Distributions to FET minority interest (72) (21) —
−Removed: Capital Call from FET minority interest — 9 —
−Removed: Common stock issuance — — 1,000
+Added: Proceeds from FET Equity Interest Sale (Note 1) 3,500 — —
+Added: Proceeds from 19.9% FET equity interest sale, net of transaction costs — — 2,348
+Added: Noncontrolling interest cash distributions (86) (72) (21)
+Added: Capital contributions from noncontrolling interest — — 9
Short-term borrowings, net (225) 675 100
Common stock dividend payments (970) (906) (891)
−Removed: Other (72) (152) (61)
+Added: Debt issuance and redemption costs, and other (125) (72) (152)
$ 1,434 $ 2,238 $ (912)
3 unchanged sentences
Redemptions (1)
−Removed: ME Unsecured Notes March, 2023 3.50% 2023 $300 ME redeemed unsecured notes that became due.
−Removed: FE Unsecured Notes May, 2023 7.38% 2031 $194 FE repurchased approximately $194 million of the principal amount of its 2031 Notes through the open market for $228 million, including a premium of approximately $34 million ($27 million after-tax).
−Removed: In addition, FE recognized approximately $2 million ($1 million after-tax) of deferred cash flow hedge losses associated with the FE debt redemptions.
−Removed: WP FMBs January, 2023 5.29% 2033 $50 Proceeds were used to repay short-term borrowings, to finance capital expenditures and for other general corporate purposes.
−Removed: MAIT Unsecured Notes February, 2023 5.39% 2033 $175 Proceeds were used to repay short-term borrowings, to finance capital expenditures and for other general corporate purposes.
−Removed: ME Unsecured Notes March, 2023 5.20% 2028 $425 Proceeds were used to repay short-term borrowings, including borrowings incurred to repay, at maturity, the $300 million aggregate principal amount of ME's 3.50% unsecured notes due March 15, 2023, to finance capital expenditures and for other general corporate purposes.
−Removed: PN Unsecured Notes March, 2023 5.15% 2026 $300 Proceeds were used to repay short-term borrowings, to finance capital expenditures and for other general corporate purposes.
−Removed: ATSI Unsecured Notes May, 2023 5.13% 2033 $150 Proceeds were used to repay short-term borrowings, to finance capital expenditures and for other general corporate purposes.
−Removed: FE Unsecured Convertible Notes May, 2023 4.00% 2026 $1,500 Proceeds were used to repay short-term borrowings, to repurchase a portion of its 2031 Notes, to fund the qualified pension plan and for other general corporate purposes.
−Removed: PE FMBs September, 2023 5.64% 2028 $100 Proceeds were used to repay short-term borrowings, to finance capital expenditures and for other general corporate purposes.
−Removed: PE FMBs September, 2023 5.73% 2030 $50 Proceeds were used to repay short-term borrowings, to finance capital expenditures and for other general corporate purposes.
−Removed: MP FMBs September, 2023 5.85% 2034 $400 Proceeds are to be used for repaying short-term and long-term debt, including MP’s $400 million 4.1% FMBs due April 15, 2024, to finance capital expenditures and for other general corporate purposes.
+Added: FE Unsecured Notes April, 2024 7.38% 2031 $463 FE redeemed all of its remaining $463 million of 2031 Notes including a premium of approximately $80 million ($63 million after-tax).
+Added: In addition, FE recognized approximately $4 million ($3 million after-tax) of deferred cash flow hedge losses and $1 million in other unamortized debt costs and fees associated with the FE debt redemptions.
+Added: JCP&L Unsecured Notes April, 2024 4.70% 2024 $500 JCP&L redeemed unsecured notes that became due.
+Added: MP FMBs April, 2024 4.10% 2024 $400 MP redeemed FMBs that became due.
+Added: CEI FMBs August, 2024 5.50% 2024 $300 CEI redeemed FMBs that became due.
+Added: FE PA Unsecured Notes December, 2024 4.00% 2025 $250 On December 30, 2024, FE PA caused to be redeemed $250 million of 4.00% senior notes due 2025.
+Added: FE PA Unsecured Notes December, 2024 4.15% 2025 $200 On December 30, 2024, FE PA caused to be redeemed $200 million of 4.15% senior notes due 2025.
+Added: FET Unsecured Notes December, 2024 4.35% 2025 $600 On December 30, 2024, FET caused to be redeemed $600 million of 4.35% senior notes due 2025.
+Added: ATSI Unsecured Notes March, 2024 5.63% 2034 $150 Proceeds were used to repay short-term borrowings, to finance capital expenditures and for other general corporate purposes.
+Added: MAIT Unsecured Notes May, 2024 5.94% 2034 $250 Proceeds were used to repay short-term borrowings, to finance capital expenditures and for other general corporate purposes.
+Added: FET Unsecured Notes with registration rights September, 2024 4.55% 2030 $400 Proceeds were used to repay short-term borrowings, to redeem FET's $600 million 4.35% notes due 2025, to finance capital expenditures and for other general corporate purposes.
+Added: FET Unsecured Notes with registration rights September, 2024 5.00% 2035 $400 Proceeds were used to repay short-term borrowings, to redeem FET's $600 million 4.35% notes due 2025, to finance capital expenditures and for other general corporate purposes.
+Added: KATCo Unsecured Notes November, 2024 5.17% 2035 $200 Proceeds were used to repay short-term borrowings, to finance capital expenditures and for other general corporate purposes.
+Added: JCP&L Unsecured Notes with registration rights December, 2024 5.10% 2035 $700 Proceeds were used to repay short-term borrowings, to finance capital expenditures and for other general corporate purposes.
(1) Excludes principal payments on securitized bonds.
+Added: As noted above, on September 5, 2024, FET issued $400 million of unsecured senior notes due in 2030 and $400 million of unsecured senior notes due in 2035 in a private offering that included a registration rights agreement in which FET agreed to conduct an exchange offer of these senior notes for like principal amounts registered under the Securities Act.
+Added: On October 8, 2024, FET filed a registration statement on Form S-4 for the exchange offer with the SEC, which was declared effective on December 20, 2024.
+Added: On January 24, 2025, FET completed an exchange offer of these senior notes for like principal amounts registered under the Securities Act.
+Added: As noted above, on December 5, 2024, JCP&L issued $700 million of unsecured senior notes due in 2035 in a private offering that included a registration rights agreement in which JCP&L agreed to conduct an exchange offer of these senior notes for like principal amounts registered under the Securities Act.
+Added: JCP&L also agreed to file a shelf registration statement with the SEC to cover resales of the senior notes under certain circumstances.
+Added: In the event that JCP&L's exchange offer is not completed or the shelf registration statement, if required, is not effective by the 366th day after December 5, 2024, or the effective shelf registration stops being effective for 60 days during any 12-month period, then additional interest will accrue on the coupon.
+Added: Interest will accrue at a rate of 25 basis points for the first 90 days and an additional 25 basis points in the subsequent 90-day period, but not to exceed 50 basis points per year.
+Added: However, if the additional interest is triggered, the interest rate will reset to the original notes rate once the registration statement is effective, or the shelf registration, if required, becomes effective.
+Added: JCP&L plans to file a registration statement for the exchange offer before the end of the first quarter of 2025.
FE or its affiliates may, from time to time, seek to retire or purchase outstanding debt through open-market purchases, privately negotiated transactions or otherwise.
Such repurchases, if any, will be upon such terms and at such prices as FE or its affiliates may determine, and will depend on prevailing market conditions, liquidity requirements, contractual restrictions and other factors.
−Removed: Convertible Notes
−Removed: As discussed above, on May 4, 2023, FE issued $1.5 billion aggregate principal amount of 2026 Convertible Notes, with a fixed interest rate of 4.00% per year, payable semiannually in arrears on May 1 and November 1 of each year, beginning on November 1, 2023.
−Removed: The 2026 Convertible Notes are unsecured and unsubordinated obligations of FE, and will mature on May 1, 2026, unless required to be converted or repurchased in accordance with their terms.
−Removed: However, FE may not elect to redeem the 2026 Convertible Notes prior to the maturity date.
−Removed: The 2026 Convertible Notes are included within “Long-term debt and other long-term obligations” on the FirstEnergy Consolidated Balance Sheets.
−Removed: Proceeds from the issuance were approximately $1.48 billion, net of issuance costs.
−Removed: Prior to the close of business on the business day immediately preceding February 1, 2026, the 2026 Convertible Notes will be convertible at the option of the holders only under the following conditions:
−Removed: • During any calendar quarter, if the last reported sale price of FE’s common stock for at least 20 trading days during the period of 30 consecutive trading days ending on, and including, the last trading day of the immediately preceding calendar quarter is greater than or equal to 130% of the conversion price on each applicable trading day;
−Removed: • During the 5 consecutive business day period immediately after any 10 consecutive trading day period in which the trading price per $1,000 principal amount of the 2026 Convertible Notes for each trading day of such 10 trading day period was less than 98% of the product of the last reported sale price of FE’s common stock and the conversion rate on each such trading day;
−Removed: • Upon the occurrence of certain corporate events specified in the indenture governing the 2026 Convertible Notes.
−Removed: On and after February 1, 2026, until the close of business on the second scheduled trading day immediately preceding the maturity date, holders of the 2026 Convertible Notes may convert all or any portion of their 2026 Convertible Notes at their option at any time at the conversion rate then in effect, irrespective of these conditions.
−Removed: FE will settle conversions of the 2026 Convertible Notes, if any, by paying cash up to the aggregate principal amount of the 2026 Convertible Notes being converted and by paying cash or delivering shares of FE’s common stock (or a combination of each), at its election, of its conversion obligation in excess of the aggregate principal amount of the 2026 Convertible Notes being converted.
−Removed: The conversion rate for the 2026 Convertible Notes will initially be 21.3620 shares of FE’s common stock per $1,000 principal amount of the 2026 Convertible Notes (equivalent to an initial conversion price of approximately $46.81 per share of FE’s common stock).
−Removed: The initial conversion price of the 2026 Convertible Notes represents a premium of approximately 20% over the last reported sale price of FE’s common stock on the New York Stock Exchange on May 1, 2023.
−Removed: The conversion rate and the corresponding conversion price will be subject to adjustment in some events but will not be adjusted for any accrued and unpaid interest.
−Removed: FE may not elect to redeem the 2026 Convertible Notes prior to the maturity date.
−Removed: If FE undergoes a fundamental change (as defined in the relevant indenture), subject to certain conditions, holders of the 2026 Convertible Notes may require FE to repurchase for cash all or any portion of their 2026 Convertible Notes at a repurchase price equal to 100% of the principal amount of the 2026 Convertible Notes to be repurchased, plus accrued and unpaid interest to, but excluding, the fundamental change repurchase date (as defined in the relevant indenture).
−Removed: In addition, if certain fundamental changes occur, FE may be required, in certain circumstances, to increase the conversion rate for any 2026 Convertible Notes converted in connection with such fundamental changes by a specified number of shares of its common stock.
GUARANTEES AND OTHER ASSURANCES
2 unchanged sentences
FirstEnergy enters into these arrangements to facilitate commercial transactions with third parties by enhancing the value of the transaction to the third party.
−Removed: The maximum potential amount of future payments FirstEnergy and its subsidiaries could be required to make under these guarantees as of December 31, 2023, was approximately $815 million, as summarized below:
−Removed: Guarantees and Other Assurances Maximum Exposure
−Removed: (In millions)
−Removed: FE's Guarantees on Behalf of its Consolidated Subsidiaries (1)
−Removed: Deferred compensation arrangements $ 425
−Removed: Vehicle leases 75
−Removed: FE's Guarantees on Other Assurances
−Removed: Surety Bonds (2)
−Removed: Deferred compensation arrangements 115
−Removed: Total Guarantees and Other Assurances $ 815
−Removed: (1) During the third quarter of 2023, FE was required by PJM to issue a guarantee to cover non-performance until FE PA is able to provide audited financial statements to PJM, which is expected to occur in early 2025.
−Removed: The guarantee is expected to be immaterial to FE.
−Removed: (2) During the second quarter of 2023, FE was released from its $169 million surety bond to the Pennsylvania Department of Environmental Protection related to the Little Blue Run Disposal Impoundment.
+Added: As of December 31, 2024, outstanding guarantees and other assurances aggregated approximately $923 million, consisting of parental guarantees on behalf of its consolidated subsidiaries ($495 million) and other assurances ($428 million).
Collateral and Contingent-Related Features
3 unchanged sentences
The collateral and credit support requirements vary by contract and by counterparty.
−Removed: As of December 31, 2023, $89 million of net cash collateral has been posted by FE or its subsidiaries and is included in "Prepaid taxes and other current assets" on FirstEnergy's Consolidated Balance Sheets.
+Added: As of December 31, 2024, $170 million of collateral, in the form of LOCs, has been posted by FE or its subsidiaries.
FE or its subsidiaries are holding $29 million of net cash collateral as of December 31, 2024, from certain generation suppliers, and such amount is included in "Other current liabilities" on FirstEnergy's Consolidated Balance Sheets.
These credit-risk-related contingent features stipulate that if the subsidiary were to be downgraded or lose its investment grade credit rating (based on its senior unsecured debt rating), it would be required to provide additional collateral.
−Removed: The following table discloses the potential additional credit rating contingent contractual collateral obligations as of December 31, 2023:
−Removed: Potential Collateral Obligations Utilities and Transmission Companies FE Total
−Removed: (In millions)
−Removed: Contractual Obligations for Additional Collateral
−Removed: Upon Further Downgrade $ 62 $ — $ 62
−Removed: Surety Bonds (collateralized amount) (1)
−Removed: Total Exposure from Contractual Obligations $ 148 $ 79 $ 227
−Removed: (1) Surety Bonds are not tied to a credit rating.
−Removed: Surety Bonds' impact assumes maximum contractual obligations, which is ordinarily 100% of the face amount of the surety bond except with respect to $39 million of surety obligations for which the collateral obligation is capped at 60% of the face amount, and typical obligations require 30 days to cure.
+Added: See Note 15, "Commitments, Guarantees and Contingencies," of the Notes to Consolidated Financial Statements for more information.
MARKET RISK INFORMATION
FirstEnergy uses various market risk sensitive instruments, including derivative contracts, primarily to manage the risk of price and interest rate fluctuations.
−Removed: FirstEnergy’s Enterprise Risk Management Committee, comprised of members of senior management, provides general oversight for risk management activities throughout FirstEnergy.
+Added: FirstEnergy’s Enterprise Risk Management Committee, comprised of members of senior management, provides general oversight for risk management activities throughout FirstEnergy, including market risk.
Commodity Price Risk
FirstEnergy has limited exposure to financial risks resulting from fluctuating commodity prices, including prices for electricity, coal and energy transmission.
−Removed: FirstEnergy's Risk Management Department and Enterprise Risk Management Committee are responsible for promoting the effective design and implementation of sound risk management programs and overseeing compliance with corporate risk management policies and established risk management practice.
The valuation of derivative contracts is based on observable market information.
−Removed: As of December 31, 2023, FirstEnergy has a net asset of $3 million in non-hedge derivative contracts that are related to FTRs at certain of the Utilities.
+Added: As of December 31, 2024, FirstEnergy has a net asset of $7 million in non-hedge derivative contracts that are related to FTRs at certain of the Electric Companies.
FTRs are subject to regulatory accounting and do not impact earnings.
1 unchanged sentence
As of December 31, 2024, the FirstEnergy pension plan assets were allocated approximately as follows:
−Removed: 26% in public equity securities, 26% in fixed income securities, 6% in hedge funds, 2% in insurance-linked securities, 10% in real estate funds, 19% in private equity and debt funds and 11% in cash and short-term securities.
−Removed: FirstEnergy does not currently expect to have a required contribution to the pension plan until 2028, which based upon various assumptions, including an expected rate of return on assets of 8.0%, is expected to be approximately $260 million.
+Added: 25% in public equity securities, 23% in fixed income securities, 4% in hedge funds, 1% in insurance-linked securities, (1)% in derivatives, 9% in real estate funds, 20% in private equity and debt funds and 19% in cash and short-term securities.
+Added: FirstEnergy does not currently expect to have a required contribution to the pension plan until 2027, which based upon various assumptions, including an expected rate of return on assets of 8.5% for 2025, is expected to be approximately $300 million.
However, FirstEnergy may elect to contribute to the pension plan voluntarily.
2 unchanged sentences
See Note 5, "Pension and Other Postemployment Benefits," of the Notes to Consolidated Financial Statements for additional details on FirstEnergy's pension and OPEB plans.
−Removed: During 2023, FirstEnergy's OPEB plan assets have gained approximately 14.7% as compared to an annual expected return on plan assets of 7.0%.
−Removed: During the second quarter of 2023, FirstEnergy remeasured its pension plan assets as of April 30, 2023 as a result of the voluntary contribution discussed below.
−Removed: Actual returns on the pension assets through the date of the voluntary contribution were approximately 7.7%, as compared to expected return on assets of 2.67% (8.0% on an annualized basis).
−Removed: From May 1, 2023, through December 31, 2023, the pension plan assets gained approximately 3.0% as compared to expected return on assets of 5.3% (8.0% on an annualized basis).
+Added: During 2024, FirstEnergy's pension plan assets have lost approximately 0.4% as compared to an annual expected return on plan assets of 8.0%, and FirstEnergy's OPEB plan assets have gained approximately 13.4% as compared to an annual expected return on plan assets of 7.0%.
Interest Rate Risk
−Removed: FirstEnergy’s exposure to fluctuations in market interest rates is reduced since all long-term debt has fixed interest rates, as noted in the table below.
−Removed: FirstEnergy is subject to the inherent interest rate risks related to refinancing maturing debt by issuing new debt securities.
+Added: FirstEnergy’s exposure to fluctuations in market interest rates is largely mitigated as all long-term debt, with the exception of the 2021 Credit Facilities and the 2023 Credit Facilities, has fixed interest rates, as noted in the table below.
+Added: However, FirstEnergy is subject to the inherent interest rate risks related to refinancing maturing debt by issuing new debt securities.
Comparison of Carrying Value to Fair Value as of December 31, 2024
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FirstEnergy utilizes a spot rate approach in the estimation of the components of benefit cost by applying specific spot rates along the full yield curve to the relevant projected cash flows.
−Removed: The discount rate used to measure pension obligations was 4.94% as of April 30, 2023 and 5.23% as of December 31, 2022 compared to 5.05% as of December 31, 2023.
+Added: The discount rate used to measure pension obligations was 5.72% as of December 31, 2024 compared to 4.94% as of April 30, 2023 and 5.05% as of December 31, 2023.
The discount rate used to measure OPEB obligations was 5.60% as of December 31, 2024 as compared to 4.97% as of December 31, 2023.
−Removed: FirstEnergy’s 2021 Credit Facilities and 2023 Credit Facilities bear interest at fluctuating interest rates, primarily based on SOFR, including term SOFR and daily simple SOFR.
+Added: The 2021 Credit Facilities and 2023 Credit Facilities bear interest at fluctuating interest rates, primarily based on SOFR, including term SOFR and daily simple SOFR.
FirstEnergy has not hedged its interest rate exposure with respect to its floating rate debt.
Accordingly, FirstEnergy’s interest expense for any particular period will fluctuate based on SOFR and other variable interest rates.
−Removed: The high interest rate environment has caused the rate and interest expense on borrowings under the various FirstEnergy credit facilities to be significantly higher.
Economic Conditions
−Removed: Post-pandemic economic conditions have increased supply chain lead times across numerous material categories, with some as much as tripling from pre-pandemic lead times.
−Removed: Several key suppliers have struggled with labor shortages and raw material availability, which along with inflationary pressure that appears to be moderating, have increased costs and decreased the availability of certain materials, equipment and contractors.
−Removed: FirstEnergy has taken steps to mitigate these risks and does not currently expect service disruptions or any material impact on its capital spending plan.
−Removed: However, the situation remains fluid and a prolonged continuation or further increase in supply chain disruptions could have an adverse effect on FirstEnergy’s results of operations, cash flow and financial condition.
+Added: Economic conditions have stabilized across numerous material categories, but not all lead times have returned to pre-pandemic levels.
+Added: Several key suppliers have seen improvements with capacity, but FirstEnergy continues to monitor the situation as demand increases across the industry, including due to data center usage.
+Added: Inflationary pressures have moderated, which has improved the cost of materials, but certain categories have remained elevated.
+Added: FirstEnergy continues to implement mitigation strategies to address supply constraints and does not expect any corresponding service disruptions or any material impact on its capital investment plan.
+Added: However, the situation remains fluid and a prolonged continuation or further increase in demand, or the continuation of uncertain or adverse macroeconomic conditions, including inflationary pressures and new or increased existing tariffs, could lead to an increase in supply chain disruptions that could, in turn, have an adverse effect on FirstEnergy’s results of operations, cash flow and financial condition.
+Added: In February 2025, the new U.S.
+Added: presidential administration announced the imposition of widespread and substantial tariffs on imports, with plans for additional tariffs to potentially be adopted in the future.
+Added: Although certain of these tariffs were subsequently temporarily stayed, the situation is dynamic and subject to rapid change.
+Added: The imposition of these or any other new or increased tariffs or resultant trade wars could have an adverse effect on FirstEnergy's results of operations, cash flow and financial condition.
Credit risk is the risk that FirstEnergy would incur a loss as a result of nonperformance by counterparties of their contractual obligations.
6 unchanged sentences
FirstEnergy and its subsidiaries may request additional credit assurance, in certain circumstances, in the event that the counterparties' credit ratings fall below investment grade, their tangible net worth falls below specified percentages or their exposures exceed an established credit limit.
−Removed: On August 16, 2022, President Biden signed into law the IRA of 2022, which, among other things, imposes a new 15% corporate AMT based on AFSI applicable to corporations with a three-year average AFSI over $1 billion.
+Added: The IRA of 2022, among other things, imposes a new 15% corporate AMT based on AFSI applicable to corporations with a three-year average AFSI over $1 billion.
The AMT is effective for the 2023 tax year and, if applicable, corporations must pay the greater of the regular corporate income tax or the AMT.
−Removed: Although NOL carryforwards created through the regular corporate income tax system cannot be used to reduce the AMT, financial statement net operating losses can be used to reduce AFSI and the amount of AMT owed.
−Removed: The IRA of 2022 as enacted requires the U.S.
+Added: The IRA of 2022 requires the U.S.
Treasury to provide regulations and other guidance necessary to administer the AMT, including further defining allowable adjustments to determine AFSI, which directly impacts the amount of AMT to be paid.
−Removed: Based on interim guidance issued by the U.S.
−Removed: Treasury during 2022 and 2023, FirstEnergy continues to believe that it is more likely than not it will be subject to the AMT beginning in 2023.
−Removed: Accordingly, FirstEnergy made a first quarter estimated payment of AMT of approximately $49 million in April 2023.
−Removed: In June 2023, the U.S.
−Removed: Treasury issued additional guidance that eliminated the requirement of corporations to include AMT in quarterly estimated tax payments, pending further guidance on the application and administration of AMT.
−Removed: Therefore, as a result of guidance issued to date, the current forecast of AMT obligation, and the amount of AMT already paid in April 2023, FirstEnergy did not make any additional AMT payments for the 2023 tax year.
−Removed: Until final U.S.
−Removed: Treasury regulations are issued, the
−Removed: amount of AMT FirstEnergy pays could be significantly different than current estimates or it may not be a payer at all.
−Removed: The regulatory treatment of the impacts of this legislation may also be subject to regulation by FERC and/or applicable state regulatory authorities.
−Removed: Any adverse development in this legislation, including guidance from the U.S.
+Added: On September 12, 2024, the U.S.
+Added: Treasury issued proposed regulations for the AMT for comments.
+Added: FirstEnergy is assessing the proposed regulations but continues to believe that it is more likely than not it will be subject to AMT, however, the completion of the U.S.
+Added: Treasury’s rulemaking process and the future issuance of final regulations, as well as potential future federal tax legislation or presidential executive orders, could significantly change FirstEnergy’s AMT estimates or its conclusion as to whether it is an AMT payer at all.
+Added: As further discussed below, FirstEnergy expects to pay regular federal corporate income tax for the 2024 tax year, due in large part to the gain realized from closing the FET Equity Interest Sale.
+Added: The regulatory treatment of the IRA of 2022 may also be subject to regulation by FERC and/or applicable state regulatory authorities.
+Added: Any adverse development in the IRA of 2022, including guidance from the U.S.
Treasury and/or the IRS or unfavorable regulatory treatment, could negatively impact FirstEnergy’s cash flows, results of operations and financial condition.
−Removed: As discussed above, FirstEnergy expects to close on the sale of an additional 30% interest in FET in 2024, at which time FirstEnergy expects to realize an approximate $7.5 billion tax gain from the combined sale of 49.9% of the membership interests of FET for consideration received and recapture of negative tax basis in FET.
−Removed: As of December 31, 2023, FirstEnergy had approximately $8.1 billion of gross federal NOL carryforwards, as further discussed below, which will be used to offset a majority of the tax gain from the FET sale and expected taxable income in 2024, however due to certain limitations on utilization enacted in the Tax Act, a portion of the NOL will carry into 2025 and possibly beyond.
−Removed: As a result of the expected additional 30% sale in FET, FirstEnergy recognized a charge to income tax expense in the fourth quarter of 2022 of approximately $752 million, representing the deferred tax liability associated with the deferred tax gain on the initial 19.9% sale of FET that closed in May 2022, such deferred gain consisting of consideration received on the sale and the recapture of estimated negative tax basis in FET impacted by taxable income and loss among other factors.
−Removed: In the fourth quarter of 2023, FirstEnergy recognized a charge to income tax expense of approximately $58 million as a true-up of the deferred tax liability associated with the deferred tax gain.
+Added: As discussed above, on March 25, 2024, FirstEnergy closed on the FET Equity Interest Sale realizing an approximate $7 billion tax gain from the combined sale of 49.9% of the equity interests of FET for consideration received and recapture of negative tax basis in FET.
+Added: As of December 31, 2023, FirstEnergy had approximately $8.1 billion of gross federal NOL carryforwards available to offset a majority of the tax gain and expected taxable income in 2024.
+Added: Due to certain limitations on NOL utilization enacted in the Tax Act, approximately $1.6 billion NOL will carry forward into 2025 and possibly beyond.
+Added: In the first quarter of 2024, FirstEnergy recognized a net tax charge of approximately $46 million, comprised of updates to estimated deferred tax liability for the deferred gain from the 19.9% FET equity interest sale in May 2022, deferred tax liability related to its ongoing investment in FET, and valuation allowance associated with the expected utilization of certain state NOL carryforwards impacted by the sale and the PA consolidation, and recognized a reduction to OPIC of approximately $803 million for federal and state income tax associated with the tax gain from closing on the FET Equity Interest Sale.
+Added: Previously, in the fourth quarter of 2023, FirstEnergy recognized a charge to income tax expense of approximately $58 million as a true-up of the deferred tax liability associated with the deferred tax gain.
STATE REGULATION
−Removed: Each of the Utilities' retail rates, conditions of service, issuance of securities and other matters are subject to regulation in the states in which it operates - in Maryland by the MDPSC, in New Jersey by the NJBPU, in Ohio by the PUCO, in Pennsylvania by the PPUC, in West Virginia by the WVPSC and in New York by the NYPSC.
+Added: Each of the Electric Companies retail rates, conditions of service, issuance of securities and other matters are subject to regulation in the states in which it operates - in Maryland by the MDPSC, in New Jersey by the NJBPU, in Ohio by the PUCO, in Pennsylvania by the PPUC, in West Virginia by the WVPSC and in New York by the NYPSC.
The transmission operations of PE and TrAIL in Virginia, ATSI in Ohio, the Transmission Companies in Pennsylvania, PE and MP in West Virginia, and PE in Maryland are subject to certain regulations of the VSCC, PUCO, PPUC, WVPSC, and MDPSC, respectively.
1 unchanged sentence
Further, if any of the FirstEnergy affiliates were to engage in the construction of significant new transmission facilities, depending on the state, they may be required to obtain state regulatory authorization to site, construct and operate the new transmission facility.
−Removed: The following table summarizes the key terms of base distribution rate orders in effect for the Utilities as of December 31, 2023:
+Added: The following table summarizes the key terms of state base rate orders in effect for the Electric Companies as of December 31, 2024:
Company Rates Effective For Customers Allowed Debt/Equity Allowed ROE
CEI May 2009 51%/ 49%
−Removed: January 2017 48.8% / 51.2%
−Removed: MP February 2015 54% / 46%
−Removed: JCP&L November 2021 48.6% / 51.4%
+Added: January 2017 Settled (2)
+Added: MP March 2024 Settled (2)
+Added: JCP&L June 2024 48.1% / 51.9%
OE January 2009 51% /49%
−Removed: PE (West Virginia) February 2015 51% / 49%
+Added: PE (West Virginia) March 2024 Settled (2)
PE (Maryland) October 2023 47% / 53%
−Removed: January 2017 47.4% / 52.6%
−Removed: January 2017 49.9% / 50.1%
TE January 2009 51% / 49%
−Removed: January 2017 49.7% / 50.3%
−Removed: (1) Reflects filed debt/equity as final settlement/orders do not specifically include capital structure.
−Removed: Additionally, on January 1, 2024, FirstEnergy consolidated the Pennsylvania Companies into FE PA, making it a new, single operating entity, and will operate under the rate districts of the former Pennsylvania Companies.
−Removed: (2) Commission-approved settlement agreements did not disclose ROE rates.
−Removed: PE operates under MDPSC approved base rates that were effective as of October 19, 2023.
+Added: (1) As further discussed below, new rates became effective for customers on January 1, 2025, and did not disclose allowed debt/equity and ROE rates.
+Added: (2) Commission-approved settlement agreements did not disclose allowed debt/equity and/or ROE rates.
+Added: PE operates under MDPSC approved distribution base rates that were effective as of October 19, 2023, and that were subsequently modified by an MDPSC order dated January 3, 2024, which became effective as of March 1, 2024.
PE also provides SOS pursuant to a combination of settlement agreements, MDPSC orders and regulations, and statutory provisions.
2 unchanged sentences
PE recovers its costs plus a return for providing SOS.
−Removed: On March 22, 2023, PE filed a base rate case with the MDPSC, utilizing a test year based on twelve months of actual 2022 data.
−Removed: The base rate case request included an annual increase in base distribution rates of $50.4 million, plus a request to establish a regulatory asset (or liability) to recover (or refund) in a subsequent base rate case the net differences between the amount of pension and OPEB expense requested in the proceeding (based on average expense from 2018 to 2022) and the actual annual amount each year using the delayed recognition method.
−Removed: The rate case additionally requested approval to continue an EDIS to fund three service reliability and resiliency programs, two new proposed programs to assist low-income customers and cost recovery of certain expenses associated with PE’s pilot electric vehicle charger program and its COVID-19 pandemic response.
−Removed: On October 18, 2023, the MDPSC approved an annual increase in base distribution rates of $28 million, effective October 19,
−Removed: The order denied PE’s request to establish a pension/OPEB regulatory asset (or liability), allowed recovery of most COVID-19 deferred costs;
−Removed: and rejected the continuation of PE’s EDIS, as PE's reliability has improved such that the surcharge recovery mechanism is no longer merited at this time.
−Removed: The MDPSC also ordered an independent audit of certain allocations from FESC to PE and denied recovery of approximately $12 million in rate base associated with certain corporate support costs recorded to capital accounts resulting from the FERC Audit.
−Removed: On January 3, 2024, the MDPSC issued an order granting PE’s request for reconsideration and increased PE’s allowed distribution rates by another $0.7 million.
−Removed: The EmPOWER Maryland program requires each electric utility to file a plan to reduce electric consumption and demand 0.2% per year, up to the ultimate goal of 2% annual savings.
−Removed: PE recovers program investments with a return through an annually reconciled surcharge, with most costs subject to recovery over a five-year period with a return on the unamortized balance.
−Removed: Maryland law only allows for the utility to recover lost distribution revenue attributable to energy efficiency or demand reduction programs through a base rate case proceeding.
+Added: The EmPOWER Maryland program previously required each electric utility to file a plan to reduce electric consumption and demand 0.2% per year, up to the ultimate goal of 2% annual savings.
+Added: The passage of the Climate Solutions Now Act of 2022 modified the annual incremental energy efficiency targets to 2% per year from 2022 through 2024, 2.25% per year in 2025 and 2026, and 2.5% per year in 2027 and thereafter.
On August 1, 2023, PE filed its proposed plan for the 2024-2026 cycle as required by the MDPSC.
−Removed: Consistent with a December 29, 2022, order by the MDPSC phasing out the ability of Maryland utilities to earn a return on EmPOWER investments, PE will be required to expense 33% of its EmPOWER program costs in 2024, 67% in 2025 and 100% in 2026.
−Removed: Notwithstanding the order to phase out PE’s ability to earn a return on its EmPOWER investments, all previously unamortized costs for prior cycles will continue to earn a return and be collected by the end of 2029, consistent with the plan PE submitted on January 11, 2023.
−Removed: In the 2024-2026 order issued on December 29, 2023, the period to pay down the amortized balances was extended through the end of 2031.
−Removed: Additionally at the direction of the MDPSC, PE together with other Maryland utilities are required to address GHG reductions in addition to energy efficiency.
+Added: Additionally, at the direction of the MDPSC, PE together with other Maryland utilities were required to address GHG reductions in addition to energy efficiency.
In compliance with the MDPSC directive, PE submitted three scenarios with projected costs over a three-year cycle of $311 million, $354 million, and $510 million, respectively.
1 unchanged sentence
On December 29, 2023, the MDPSC issued an order approving the $311 million scenario for most programs, with some modifications.
−Removed: On April 17, 2023, PE submitted a proposal to the MDPSC seeking approval to end its PPA with the Warrior Run generating station.
−Removed: The PPA for Warrior Run was a requirement of the Public Utility Regulatory Policies Act of 1978.
−Removed: PE’s Maryland customers currently pay a surcharge on their electric bill in connection with the Warrior Run PPA, which fluctuates from year to year based on the difference between what PE pays for the output of the plant and what PE is able to recover by reselling that output into PJM.
−Removed: PE negotiated a termination of the PPA, which the MDPSC approved on June 21, 2023, and became effective June 28, 2023, requiring it to pay Warrior Run a fixed amount of $51 million annually through 2029, for a total of $357 million.
−Removed: During the second quarter of 2023, a liability was established for the $357 million termination fee, of which $55 million was included in “Other current liabilities” and $302 million in “Other non-current liabilities”, and as the cost of the termination fee will be recovered through the current surcharge, an offsetting regulatory asset was established on FirstEnergy’s Consolidated Balance Sheets, and results in no impact to FirstEnergy’s or PE’s current or future earnings and is expected to result in savings for PE’s Maryland customers.
−Removed: On July 26, 2023, the MDPSC approved the change in surcharge, effective August 1, 2023, after previously approving the termination of the agreement.
−Removed: JCP&L operates under NJBPU approved rates that took effect as of January 1, 2021, and were effective for customers as of November 1, 2021.
+Added: On August 15, 2024, in accordance with the MDPSC directive, PE filed a revised plan for the remainder of the 2024-2026 cycle to comply with refined GHG reduction targets with a total budget of $314 million.
+Added: On December 27, 2024, the MDPSC issued an order approving PE’s revised plan.
+Added: PE recovers EmPOWER program costs with a return on unamortized balances through an annually reconciled surcharge, with certain costs subject to recovery over a five-year amortization period.
+Added: Maryland law only allows for the utility to recover lost distribution revenue attributable to energy efficiency or demand reduction programs through a base rate case proceeding.
+Added: Consistent with a December 29, 2022, order by the MDPSC phasing out the unamortized balances of EmPOWER investments, PE is required to expense 33% of its EmPOWER program costs in 2024, 67% in 2025, and 100% in 2026 and beyond.
+Added: Notwithstanding the order to phase out the unamortized balances of EmPOWER investments, all previously unamortized costs for prior cycles were to be collected by the end of 2029, consistent with the plan PE submitted on January 11, 2023.
+Added: In the 2024-2026 order issued on December 29, 2023, the period to pay down the unamortized balances was extended through the end of 2030.
+Added: On February 21, 2024, the MDPSC approved PE’s tariff to recover costs in 2024 but directed PE to analyze alternative amortization methods for possible use in later years.
+Added: On November 27, 2024, PE filed for approval of revised tariff pages reflecting an update of the PE tariff becoming effective in 2025, which included the requested analysis of alternative amortization methods.
+Added: On December 18, 2024, the MDPSC approved the revised tariff pages permitting PE to continue to use its preferred amortization method.
+Added: New legislation signed into law on May 9, 2024, and effective July 1, 2024, is expected to reduce
+Added: the return on the EmPOWER unamortized balances for PE by a total of $25 to $30 million over the period of 2024-2030.
+Added: On July 31, 2024, the MDPSC issued an order implementing revised EmPOWER surcharge rates for PE in accordance with the new law and denying PE’s request for a hearing that sought to challenge certain portions of the law.
+Added: On August 30, 2024, PE filed a petition seeking judicial review of its challenge to the law.
+Added: The MDPSC and Maryland Office of People’s Counsel filed intents to participate.
+Added: On November 15, 2024, the parties filed a joint motion to postpone the February 7, 2025 hearing date scheduled by the court and proposed a briefing schedule.
+Added: The motion was granted on December 28, 2024.
+Added: PE filed a Petitioner Memorandum on December 17, 2024.
+Added: The MDPSC and Maryland Office of People’s Counsel filed a Response Memorandum on January 28, 2025.
+Added: PE filed a Reply Memorandum on February 20, 2025.
+Added: A hearing is scheduled for March 7, 2025.
+Added: JCP&L operates under NJBPU approved rates that took effect as of February 15, 2024, and became effective for customers as of June 1, 2024.
JCP&L provides BGS for retail customers who do not choose a third-party EGS and for customers of third- party EGSs that fail to provide the contracted service.
All New Jersey EDCs participate in this competitive BGS procurement process and recover BGS costs directly from customers as a charge separate from base rates.
−Removed: On March 16, 2023, JCP&L filed a base rate case with the NJBPU, utilizing a test year based on six months of actual data for the second half of calendar year 2022, and six months of forecasted data for the first half of calendar year 2023.
−Removed: The rate case requested an annual net increase in base distribution revenues of approximately $185 million, plus a request to establish a regulatory asset (or liability) to recover (or refund) in a subsequent base rate case the net differences between the amount of pension and OPEB expense requested in the proceeding (based on 2023 expense) and the actual annual amount each year using the delayed recognition method.
−Removed: JCP&L updated its base rate case in filings made on June 2, 2023 and August 7, 2023 to provide actual test-year data for the twelve months ended June 30, 2023, and update its proposed annual net increase in base rate distribution revenues to approximately $192 million.
−Removed: In addition to the above, JCP&L’s request includes, among other things, approval of two new proposed programs to assist low-income customers, cost recovery of certain investments and expenses associated with its electric vehicle and AMI programs, an update of its depreciation rates, modifications to its storm cost recovery, and tariff modifications to update standard construction costs.
−Removed: A procedural schedule was adopted with evidentiary hearings to be held the week of January 8, 2024.
−Removed: On October 17, 2023, JCP&L requested a suspension of the procedural schedule to enter into formal settlement discussions, which all parties agreed, and the administrative law judge granted the same day.
−Removed: On February 2, 2024, JCP&L, joined by various parties, filed a stipulated settlement with the NJBPU resolving JCP&L’s request for a distribution base rate increase.
−Removed: The settlement provides for an $85 million annual base distribution revenues increase for JCP&L, which, if approved by the NJBPU, is expected to take effect February 15, 2024, and be effective for customers on June 1, 2024.
−Removed: Until those new rates become effective for customers, JCP&L would begin to amortize an existing regulatory liability totaling approximately $18 million to offset the base rate increase that otherwise would have occurred in this period.
−Removed: Under the base rate case settlement agreement, JCP&L also agreed to a two-phase reliability improvement plan to enhance the reliability related to 18 high-priority circuits, the first phase of which will begin no later than March 1, 2024 and represents an approximate investment of $95 million.
−Removed: JCP&L expects to amend its pending EnergizeNJ petition upon receipt of NJBPU approval of the base rate case
−Removed: settlement, to include the second phase of its reliability improvement plan that is expected to address any remaining high-priority circuits not addressed in the first phase.
−Removed: The settlement did not include the request to establish a regulatory asset (or liability) to recover (or refund) net differences between the amount of pension and OPEB expense requested in the proceeding and the actual annual amount each year using the delayed recognition method, however, JCP&L has the ability to pursue in a future separate proceeding.
+Added: The base rate increase approved by the NJBPU on February 14, 2024, took effect on February 15, 2024, and became effective for customers on June 1, 2024.
+Added: Until those new rates became effective for customers, JCP&L was amortizing an existing regulatory liability totaling approximately $18 million to offset the base rate increase that otherwise would have occurred in this period.
+Added: Under the base rate case settlement agreement, JCP&L also agreed to a two-phase reliability improvement plan to enhance the reliability related to 18 high-priority circuits, the first phase of which began on February 14, 2024, and represents an approximate investment of $95 million.
+Added: Additionally, JCP&L recognized a $53 million pre-tax charge in the first quarter 2024 at the Integrated segment within “Other operating expenses” on the FirstEnergy Consolidated Statements of Income, associated with certain corporate support costs recorded to capital accounts from the FERC Audit that were determined, as a result of the settlement agreement, to be disallowed from future recovery.
JCP&L has implemented energy efficiency and peak demand reduction programs in accordance with the New Jersey Clean Energy Act as approved by the NJBPU in April 2021.
The NJBPU approved plans include recovery of lost revenues resulting from the programs and a three-year plan (July 2021-June 2024) including total program costs of $203 million, of which $160 million of investment is recovered over a ten-year amortization period with a return as well as $43 million in operations and maintenance expenses and financing costs recovered on an annual basis.
−Removed: On December 5, 2023, JCP&L filed a petition with the NJBPU for a six-month extension of EE&C Plan I, which was originally scheduled to end on June 30, 2024, but would end on December 31, 2024, with the extension.
−Removed: The proposed budget for the extension period would add approximately $69 million to the original program cost.
−Removed: Under the proposal, JCP&L would recover the costs of the extension period and the revenue impact of sales losses resulting therefrom through two separate tariff riders.
−Removed: On December 1, 2023, JCP&L filed a related petition with the NJBPU requesting approval of its EE&C Plan II, which covers the January 1, 2025 through June 30, 2027 period and has a proposed budget of approximately $964 million.
−Removed: EE&C Plan II consists of a portfolio of ten energy efficiency programs, one peak demand reduction program and one building decarbonization program.
+Added: On May 22, 2024, the NJBPU approved JCP&L’s request for a six-month extension of the EE&C Plan I, to December 31, 2024.
+Added: The budget for the extension period adds approximately $69 million to the original program cost and JCP&L will recover the costs of the extension period and the revenue impact of sales losses resulting therefrom through two separate tariff riders.
+Added: On December 1, 2023, JCP&L filed a related petition with the NJBPU requesting approval of its EE&C Plan II, which covers the January 1, 2025 through June 30, 2027 period and had a proposed budget of approximately $964 million.
+Added: EE&C Plan II, as filed, consisted of a portfolio of ten energy efficiency programs, one peak demand reduction program and one building decarbonization program.
Under the proposal, JCP&L would recover its EE&C Plan II revenue requirements and lost revenues from reduced electricity sales associated with EE&C Plan II.
−Removed: On March 6, 2023, the NJBPU issued final rules modifying its regulations to reflect its CTA policy in base rate cases to:
−Removed: (i) calculate savings using a five-year look back from the beginning of the test year;
−Removed: (ii) allocate 100% of CTA savings to customers;
−Removed: and (iii) exclude transmission assets of EDCs in the savings calculation.
−Removed: The final rules of practice were applied by JCP&L in its most recent base rate case filing described above.
−Removed: On October 28, 2020, the NJBPU approved a stipulated settlement between JCP&L and various parties, resolving JCP&L’s request for distribution base rate increase.
−Removed: The settlement provided for a $94 million annual base distribution revenues increase for JCP&L based on an ROE of 9.6%, which became effective for customers on November 1, 2021.
−Removed: The settlement additionally provided that JCP&L would be subject to a management audit, which began in May 2021.
+Added: On October 30, 2024, the NJBPU approved the parties’ stipulation of settlement, wherein the parties agreed to a budget of approximately $817 million for EE&C Plan II, including $784 million of investments that will earn a return on equity of 9.6%, with an equity ratio of 52%, and be recovered over 10 years.
+Added: The settlement of the distribution rate case in 2020, provided among other things, that JCP&L would be subject to a management audit, which began in May 2021.
On April 12, 2023, the NJBPU accepted the final management audit report for filing purposes and ordered that interested stakeholders file comments on the report by May 22, 2023, which deadline was extended until July 31, 2023.
−Removed: JCP&L filed its comments on July 31, 2023.
−Removed: The parties have filed responses.
−Removed: On July 2, 2020, the NJBPU issued an order allowing New Jersey utilities to track and create a regulatory asset for future recovery of all prudently incurred incremental costs arising from the COVID-19 pandemic beginning March 9, 2020 and continuing until the New Jersey Governor issues an order stating that the COVID-19 pandemic is no longer in effect.
−Removed: New Jersey utilities can request recovery of such regulatory asset in a stand-alone COVID-19 regulatory asset filing or future base rate case.
−Removed: On October 28, 2020, the NJBPU issued an order expanding the scope of the proceeding to examine all pandemic issues, including recovery of the COVID-19 regulatory assets, by way of a generic proceeding.
−Removed: No moratorium on residential disconnections remains in effect for investor-owned electric utilities such as JCP&L.
−Removed: Legislation was enacted on March 25, 2022, prohibiting utilities from disconnecting electric service to customers that have applied for utility bill assistance before June 15, 2022 until such time as the state agency administering the assistance program makes a decision on the application and further requiring that all utilities offer a deferred payment arrangement meeting certain minimum criteria after the state agency’s decision on the application has been made.
−Removed: On July 17, 2023, JCP&L submitted a stand-alone filing to recover approximately $31 million, through October 1, 2023, in incremental costs and interest incurred during the COVID-19 pandemic.
+Added: JCP&L and one other party filed comments on July 31, 2023.
On September 17, 2021, in connection with Mid-Atlantic Offshore Development, LLC, a transmission company jointly owned by Shell New Energies US and EDF Renewables North America, JCP&L submitted a proposal to the NJBPU and PJM to build transmission infrastructure connecting offshore wind-generated electricity to the New Jersey power grid.
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On April 17, 2023, JCP&L applied for the FERC “abandonment” transmission rates incentive, which would provide for recovery of 100% of the cancelled prudent project costs that are incurred after the incentive is approved, and 50% of the costs incurred prior to that date, in the event that some or all of the project is cancelled for reasons beyond JCP&L’s control.
−Removed: FERC staff subsequently requested additional information on JCP&L’s application, which JCP&L provided.
On August 21, 2023, FERC approved JCP&L’s application, effective August 22, 2023.
−Removed: On October 31, 2023, offshore wind developer, Orsted, announced plans to cease development of two offshore wind projects in New Jersey—Ocean Wind 1 and 2—having a combined planned capacity of 2,248 MW.
−Removed: At this time, Orsted’s announcement does not affect JCP&L’s awarded projects and JCP&L is moving forward with preconstruction activities for the planned transmission infrastructure.
+Added: On October 31, 2023, offshore wind developer, Orsted, announced plans to cease development of two offshore wind projects in New Jersey—Ocean Wind 1 and 2—having a combined planned capacity of 2,248 MWs.
+Added: Orsted’s cancellation does not affect JCP&L’s awarded projects and JCP&L is moving forward with preconstruction activities for the planned transmission infrastructure.
Construction is expected to begin in 2025.
−Removed: Consistent with the commitments made in its proposal to the NJBPU, JCP&L formally submitted in November 2023 the first part of its application to the United States Department of Energy to finance a portion of the project using low-interest rate loans
−Removed: available under the United States Department of Energy’s Energy Infrastructure Reinvestment Program of the IRA of 2022.
−Removed: JCP&L anticipates submitting the second part of its two-part application in the first quarter of 2024.
−Removed: On November 9, 2023, JCP&L filed a petition for approval of its second EnergizeNJ with the NJBPU that would, among other things, support grid modernization, system resiliency and substation modernization in technologies designed to provide enhanced customer benefits.
+Added: Consistent with the commitments made in its proposal to the NJBPU, JCP&L formally submitted in November 2023 the first part of its application to the DOE to finance a substantial portion of the project using low-interest rate loans available under the DOE’s
+Added: Energy Infrastructure Reinvestment Program of the IRA of 2022.
+Added: JCP&L submitted the second part of its two-part application on March 13, 2024, which was approved on May 17, 2024.
+Added: The DOE Loan Program Office has initiated a due diligence review of the application.
+Added: On November 9, 2023, JCP&L filed a petition for approval of its EnergizeNJ with the NJBPU that would, among other things, support grid modernization, system resiliency and substation modernization in technologies designed to provide enhanced customer benefits.
JCP&L proposes EnergizeNJ will be implemented over a five-year budget period with estimated costs of approximately $935 million over the deployment period, of which, $906 million is capital investments and $29 million is operating and maintenance expenses.
−Removed: Under the proposal, the costs of EnergizeNJ would be recovered through JCP&L's base rates via annual and semi-annual base rate adjustment filings.
−Removed: Public hearings have been requested but are not yet scheduled.
−Removed: JCP&L has requested that the NJBPU issue a final decision and order no later than May 22, 2024, based on a June 1, 2024, commencement date for EnergizeNJ.
−Removed: JCP&L anticipates filing amendments to the EnergizeNJ program after receipt of approval from the NJBPU of the base rate case stipulation that was filed on February 2, 2024.
+Added: Under the proposal, the capital costs of EnergizeNJ would be recovered through JCP&L’s base rates via annual and semi-annual base rate adjustment filings.
+Added: The 2023 base rate case stipulation that was filed on February 2, 2024, necessitated amendments to the EnergizeNJ program.
+Added: On February 14, 2024, the NJBPU approved the stipulated settlement between JCP&L and various parties, resolving JCP&L’s request for a distribution base rate increase.
+Added: On February 27, 2024, as part of the stipulated settlement, JCP&L amended its pending EnergizeNJ petition following receipt of NJBPU approval of the base rate case settlement, to remove the high-priority circuits that are to be addressed in the first phase of its reliability improvement plan and to include the second phase of its reliability improvement plan that is expected to further address certain high-priority circuits that require additional upgrades.
+Added: EnergizeNJ, if approved as amended, will result in the investment of approximately $930.5 million of total estimated costs over five years.
+Added: JCP&L and various parties are engaged in settlement discussions with respect to the pending EnergizeNJ petition.
The Ohio Companies operate under PUCO-approved base distribution rates that became effective in 2009.
−Removed: The Ohio Companies currently operate under ESP IV, effective June 1, 2016 and continuing through May 31, 2024, that continues the supply of power to non-shopping customers at a market-based price set through an auction process.
−Removed: ESP IV also continues the Rider DCR, which supports continued investment related to the distribution system for the benefit of customers, with increased revenue caps of $20 million per year from June 1, 2019 through May 31, 2022;
−Removed: and $15 million per year from June 1, 2022 through May 31, 2024.
−Removed: In addition, ESP IV includes:
−Removed: (1) continuation of a base distribution rate freeze through May 31, 2024;
+Added: The Ohio Companies operated under ESP IV through May 31, 2024, which provided for the supply of power to non-shopping customers at a market-based price set through an auction process.
+Added: From June 1, 2024 until January 31, 2025, the Ohio Companies operated under ESP V, as modified by the PUCO, and as further described below.
+Added: On December 18, 2024, the PUCO approved the Ohio Companies’ notice to withdraw ESP V and approved the Ohio Companies’ proposal for returning to ESP IV, with modifications.
+Added: ESP IV, as modified, continues the DCR rider, which supports continued investment related to the distribution system for the benefit of customers, with an annual revenue cap of $390 million.
+Added: In addition, ESP IV, as modified, includes:
+Added: (1) continuation of a base distribution rate freeze until ESP VI becomes effective or the Ohio Companies’ obtain the PUCO’s staff agreement;
(2) a goal across FirstEnergy to reduce CO2 emissions by 90% below 2005 levels by 2045;
−Removed: and (3) contributions, totaling $51 million to:
−Removed: (a) fund energy conservation programs, economic development and job retention in the Ohio Companies’ service territories;
−Removed: (b) establish a fuel-fund in each of the Ohio Companies’ service territories to assist low-income customers;
−Removed: and (c) establish a Customer Advisory Council to ensure preservation and growth of the competitive market in Ohio.
+Added: and (3) contributions, totaling $6.39 million per year to:
+Added: (a) fund energy conservation, economic development and job retention programs in the Ohio Companies’ service territories;
+Added: and (b) establish fuel-funds in each of the Ohio Companies’ service territories to assist low-income customers.
On April 5, 2023, the Ohio Companies filed an application with the PUCO for approval of ESP V, for an eight-year term beginning June 1, 2024, and continuing through May 31, 2032.
−Removed: ESP V proposes to continue providing power to non-shopping customers at market-based prices set through an auction process, with process enhancements designed to reduce costs to customers.
−Removed: ESP V also proposes to continue riders supporting investment in the Ohio Companies’ distribution system, including Rider DCR with annual revenue cap increases of $15 to $21 million per year, based on reliability performance, and Rider AMI for recovery of approved grid modernization investments.
−Removed: ESP V proposes new riders to support continued maintenance of the distribution system, including vegetation management and storm restoration operating expense.
−Removed: In addition, ESP V proposes four-year energy efficiency and peak demand reduction programs for residential and commercial customers, with cost recovery spread over eight years.
−Removed: ESP V further includes a commitment to spend $52 million in total over the eight-year term, without recovery from customers, on initiatives to assist low-income customers, education and incentives to help ensure customers have good experiences with electric vehicles.
−Removed: Hearings commenced on November 7, 2023 and concluded on December 6, 2023.
−Removed: On December 6, 2023, certain intervenors filed a motion requesting a limited stay of the Ohio Companies’ proposal to continue Rider DCR.
−Removed: The Ohio Companies contested the motion, which is pending.
−Removed: On May 16, 2022, the Ohio Companies filed their application for determination of the existence of SEET under ESP IV for calendar year 2021, which demonstrated that each of the individual Ohio Companies did not have significantly excessive earnings.
−Removed: This matter remains pending before the PUCO.
+Added: On May 15, 2024, the PUCO issued an order approving ESP V with modifications, which became effective June 1, 2024 and would have continued through May 31, 2029.
+Added: ESP V, as modified by the PUCO, provided for, among other things, the continuation of existing riders related to purchased power, transmission and uncollectibles, the continuation of the DCR rider with proposed annual revenue cap increases until new base rates are established, the continuation of the AMI rider, and the addition of new riders for recovery of storm and vegetation management expenses.
+Added: Many of the terms and conditions were to be reconsidered in the base rate case.
+Added: The ESP V order additionally directed the Ohio Companies to file another base distribution rate case not later than May 31, 2028, and contribute $32.5 million during the term of ESP V to fund low-income customer bill assistance programs and bill assistance for income-eligible senior citizens, and to develop an electric vehicle education program to assist customers in transitioning to electric vehicles which was recognized in the second quarter of 2024 within “Other operating expenses” at the Regulated Distribution segment and on FirstEnergy’s Consolidated Statements of Income.
+Added: Due to the risks and uncertainty resulting from the Ohio Companies’ application for rehearing being denied by operation of law, on October 29, 2024, the Ohio Companies filed a notice of their intent to withdraw ESP V and proposed the terms under which they would resume operating under ESP IV.
+Added: On December 18, 2024, the PUCO approved the Ohio Companies’ notice of withdrawal.
+Added: Also on December 18, 2024, the PUCO approved the Ohio Companies’ proposal for returning to ESP IV, with modifications.
+Added: Consistent with ESP IV, the PUCO authorized the Ohio Companies’ reinstatement of the DCR rider, with an annual revenue cap of $390 million, and denied the Ohio Companies’ request to continue ESP IV’s DCR rider revenue cap increases of $15 million per year.
+Added: Additionally, the PUCO ordered that storm costs deferred under ESP V since June 1, 2024 remain on the Ohio Companies’ books and subject to review in a future case.
+Added: The PUCO also denied the Ohio Companies’ request to lift the base rate freeze in ESP IV, permitting the Ohio Companies’ pending base rate case to continue, but prohibiting new rates from going into effect until either the effective date of ESP VI, or the staff agrees that the freeze be lifted and new rates be implemented.
+Added: On January 22, 2025, the PUCO approved the Ohio Companies’ revised ESP IV tariffs, effective February 1, 2025, at which time the Ohio Companies resumed operating under ESP IV.
+Added: On January 31, 2025, the Ohio Companies filed an application with the PUCO for ESP VI, for a term beginning on the date new base distribution rates from the pending base rate case go into effect, in an effort to align with the ongoing base distribution rate case, and continuing through May 31, 2028.
+Added: ESP VI proposes to continue providing power to non-shopping customers at market-based prices set through an auction process, and proposes to continue riders supporting investment in the Ohio Companies’ distribution system, including Rider DCR with annual reliability performance-based revenue cap increases of $37 to $43 million, and an AMI rider for recovery of approved grid modernization investments.
+Added: ESP VI additionally proposes riders to support continued maintenance of the distribution system, including recovery of vegetation management and storm restoration
+Added: operations and maintenance expenses.
+Added: In addition, ESP VI proposes energy efficiency programs for low-income customers, and includes a commitment to spend $6.5 million annually over the ESP VI term, without recovery from customers, on initiatives to assist low-income customers, as well as education and incentives to help ensure customers have good experiences with electric vehicles.
+Added: The PUCO has scheduled a technical conference for March 12, 2025.
+Added: On May 31, 2024, the Ohio Companies filed their application for an increase in base distribution rates based on a 2024 calendar year test period.
+Added: The Ohio Companies requested a net increase in base distribution revenues of approximately $94 million compared to test period revenues, with a return on equity of 10.8% and capital structures of 44% debt and 56% equity for CEI, 46% debt and 54% equity for OE, and 45% debt and 55% equity for TE, which reflects a roll-in of current riders such as DCR and AMI.
+Added: Key components of the base rate case filing include a proposal to change pension and OPEB recovery to the delayed recognition method and to implement a mechanism to establish a regulatory asset (or liability) to recover (or refund) net differences between the amount of pension and OPEB expense requested in the proceeding and the actual amount each year using this method.
+Added: Additionally, the Ohio Companies request recovery of certain incurred costs, including the impact of major storms, a program to convert streetlights to LEDs, and others.
+Added: On June 14, 2024, the Ohio Companies filed supporting testimony.
+Added: On July 31, 2024, the Ohio Companies filed an update that adjusted the net increase in base distribution revenues to approximately $190 million compared to test period revenues and incorporated matters in the rate case as directed by the PUCO’s ESP V order.
+Added: On January 27, 2025, the Ohio Companies filed a notice in the base rate case notifying parties that they will update their application for an increase in base distribution rates to reflect the withdrawal of ESP V and the reversion to ESP IV.
+Added: The PUCO Staff hired a third party to assist in the review of the Ohio Companies' base rate case filing, and on February 21, 2025, PUCO staff and the third party auditor each filed their reports.
+Added: The auditor’s report recommended adjustments which would result in a net increase of the Ohio Companies’ base distribution revenues of approximately $8 million with a return on equity of 9.63% and capital structures of 48.8% debt and 51.2% equity for each of the Ohio Companies.
+Added: PUCO staff’s report takes limited positions on the auditor’s finding and recommendations and makes additional findings.
+Added: The Ohio Companies plan to respond and file supplemental testimony by March 24, 2025.
+Added: On May 16, 2022, May 15, 2023, and May 15, 2024, the Ohio Companies filed their SEET applications for determination of the existence of significantly excessive earnings under ESP IV for calendar years 2021, 2022, and 2023, respectively.
+Added: Each application demonstrated that each of the individual Ohio Companies did not have significantly excessive earnings.
+Added: These matters remain pending before the PUCO.
On July 15, 2022, the Ohio Companies filed an application with the PUCO for approval of phase two of their distribution grid modernization plan that would, among other things, provide for the installation of an additional 700 thousand smart meters, distribution automation equipment on approximately 240 distribution circuits, voltage regulating equipment on approximately 220 distribution circuits, and other investments and pilot programs in related technologies designed to provide enhanced customer benefits.
−Removed: The Ohio Companies propose that phase two will be implemented over a four-year budget period with estimated capital investments of approximately $626 million and operations and maintenance expenses of approximately $144 million over the deployment period.
+Added: The Ohio Companies proposed that phase two would be implemented over a four-year budget period with estimated capital investments of approximately $626 million and operations and maintenance expenses of approximately $144 million over the deployment period.
Under the proposal, costs of phase two of the grid modernization plan would be recovered through the Ohio Companies’ AMI rider, pursuant to the terms and conditions approved in ESP IV.
−Removed: Hearings are scheduled to commence on April 16, 2024.
−Removed: On January 22, 2024, OCC filed a motion requesting a stay of phase two.
−Removed: The Ohio Companies contested the motion, which is pending.
+Added: On April 12, 2024, the Ohio Companies and certain of the parties filed a stipulation that modified the Ohio Companies’ application for phase two of its grid modernization plan, which was approved by the PUCO on December 18, 2024 and implementation has since begun.
+Added: The stipulation provides for the deployment of smart meters to the balance of the Ohio Companies’ customers or approximately 1.4 million meters.
+Added: Phase two of the distribution grid modernization plan, as modified by the stipulation, would be completed over a four-year budget period with estimated capital investments of approximately $421 million.
On September 8, 2020, the OCC filed motions in the Ohio Companies’ corporate separation audit and DMR audit dockets, requesting the PUCO to open an investigation and management audit, hire an independent auditor, and require FirstEnergy to show it did not improperly use money collected from consumers or violate any utility regulatory laws, rules or orders in its activities regarding HB 6.
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Therefore, the report could not suggest that DMR funds were used definitively for direct or indirect support for grid modernization.
−Removed: The report also concluded that
−Removed: there was no documented evidence that ties revenues from the DMR to lobbying for the passage of HB 6, but also could not rule out with certainty uses of DMR funds to support the passage of HB 6.
+Added: The report also concluded that there was no documented evidence that ties revenues from the DMR to lobbying for the passage of HB 6, but also could not rule out with certainty uses of DMR funds to support the passage of HB 6.
The report further recommended that the regulated companies' money pool be audited more frequently and the Ohio Companies adopt formal dividend policies.
Final comments and responses were filed by parties during the second quarter of 2022.
−Removed: On September 15, 2020, the PUCO opened a new proceeding to review the political and charitable spending by the Ohio Companies in support of HB 6 and the subsequent referendum effort, and directing the Ohio Companies to show cause, demonstrating that the costs of any political or charitable spending in support of HB 6, or the subsequent referendum effort, were not included, directly or indirectly, in any rates or charges paid by customers.
−Removed: The Ohio Companies initially filed a response stating that the costs of any political or charitable spending in support of HB 6, or the subsequent referendum effort, were not included, directly or indirectly, in any rates or charges paid by customers, but on August 6, 2021, filed a supplemental response explaining that, in light of the facts set forth in the DPA and the findings of the Rider DCR audit report further discussed below, political or charitable spending in support of HB 6, or the subsequent referendum effort, affected pole attachment rates paid by approximately $15 thousand.
+Added: The proceeding was stayed in its entirety, including discovery and motions, continuously at the request of the U.S.
+Added: Attorney for the Southern District of Ohio beginning in August 2022 and was lifted on February 26, 2024.
+Added: On February 26, 2024, the Attorney Examiner consolidated this proceeding with the expanded DCR rider audit proceeding described below and on November 22, 2024, the administrative law judge ordered that the bifurcated portion of the corporate separation audit, discussed further below, be consolidated with the already-consolidated DMR audit and expanded DCR rider audit proceeding.
+Added: Evidentiary hearings are scheduled to begin May 13, 2025.
+Added: On September 15, 2020, the PUCO opened a new proceeding to review the political and charitable spending by the Ohio Companies in support of HB 6 and the subsequent referendum effort, and directed the Ohio Companies to show cause, demonstrating that the costs of any political or charitable spending in support of HB 6, or the subsequent referendum effort, were not included, directly or indirectly, in any rates or charges paid by customers.
+Added: The Ohio Companies initially filed a response stating that the costs of any political or charitable spending in support of HB 6, or the subsequent referendum effort, were not included, directly or indirectly, in any rates or charges paid by customers, but on August 6, 2021, filed a supplemental response explaining that, in light of the facts set forth in the DPA and the findings of the DCR rider audit report further discussed below, political or charitable spending in support of HB 6, or the subsequent referendum effort, affected pole attachment rates paid by approximately $15 thousand.
On October 26, 2021, the OCC filed a motion requesting the PUCO to order an independent external audit to investigate FE’s political and charitable spending related to HB 6, and to appoint an independent review panel to retain and oversee the auditor.
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On May 4, 2022, the PUCO selected a third-party auditor to determine whether the show cause demonstration submitted by the Ohio Companies is sufficient to ensure that the cost of any political or charitable spending in support of HB 6 or the subsequent referendum effort was not included, directly or indirectly, in any rates or charges paid by ratepayers.
+Added: The proceeding was stayed in its entirety, including discovery and motions, continuously at the request of the U.S.
+Added: Attorney for the Southern District of Ohio beginning in August 2022 and the stay was lifted on February 26, 2024.
+Added: On September 30, 2024, the third-party auditor’s report was filed.
+Added: The audit examined 53 payments totaling approximately $75 million made in support of the passage of HB 6 and subsequent referendum efforts, and concluded that less than $5 million was allocated to the Ohio Companies.
+Added: The audit report affirmed the Ohio Companies’ conclusion in its August 6, 2021 filing that a rate impact of less than $15 thousand was charged to the Ohio Companies’ pole attachment customers associated with political and charitable spending in support of HB 6.
+Added: On October 22, 2024, parties filed comments on the audit report, and on November 5, 2024, parties filed reply comments.
+Added: The parties' comments remain pending with the PUCO.
In connection with an ongoing audit of the Ohio Companies’ policies and procedures relating to the code of conduct rules between affiliates, on November 4, 2020, the PUCO initiated an additional corporate separation audit as a result of the FirstEnergy leadership transition announcement made on October 29, 2020, as further discussed below.
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Parties filed comments and reply comments on the audit report.
−Removed: In connection with an ongoing annual audit of the Ohio Companies’ Rider DCR for 2020, and as a result of disclosures in FirstEnergy’s Form 10-K for the year ended December 31, 2020 (filed on February 18, 2021), the PUCO expanded the scope of the audit on March 10, 2021, to include a review of certain transactions that were either improperly classified, misallocated, or lacked supporting documentation, and to determine whether funds collected from customers were used to pay the vendors, and if so, whether or not the funds associated with those payments should be returned to customers through Rider DCR or through an alternative proceeding.
+Added: The proceeding was stayed in its entirety, including discovery and motions, continuously at the request of the U.S.
+Added: Attorney for the Southern District of Ohio beginning in August 2022 and the stay was lifted on February 26, 2024.
+Added: On September 10, 2024, the Ohio Companies filed testimony describing their compliance with Ohio corporate separation laws and the implementation of the recommendations made in the audit reports.
+Added: On September 20, 2024, intervenors filed testimony recommending fines for alleged violations of the Ohio corporate separation requirements.
+Added: Evidentiary hearings were held on October 9 and 10, 2024;
+Added: the scope of the hearings excluded allegations involving activities related to the passage of HB 6 and the former PUCO chairman, which will be addressed at a later time.
+Added: Initial and reply briefs have been filed by the Ohio Companies, PUCO staff and the intervening parties.
+Added: To the extent the PUCO ultimately accepts the intervenors’ recommendations and issues a fine to the Ohio Companies, such amount is not expected to be material.
+Added: On September 3, 2024, the Ohio Companies filed an application to amend their corporate separation plan to incorporate certain recommendations from prior audit reports, which include, but are not limited to, improving controls for non-regulated competitive employees’ physical space and access to data, updating and implementing a process to annually review the cost allocation manual, developing state specific codes of conduct practices, and implementing additional training related to the cost allocation manual and the state codes of conduct.
+Added: On October 23, 2024, the administrative law judge issued an entry suspending automatic approval of the amended corporate separation plan and establishing a procedural schedule.
+Added: In connection with an ongoing annual audit of the Ohio Companies’ DCR rider for 2020, and as a result of disclosures in FirstEnergy’s Form 10-K for the year ended December 31, 2020 (filed on February 18, 2021), the PUCO expanded the scope of the audit on March 10, 2021, to include a review of certain transactions that were either improperly classified, misallocated, or lacked supporting documentation, and to determine whether funds collected from customers were used to pay the vendors, and if so, whether or not the funds associated with those payments should be returned to customers through the DCR rider or through an alternative proceeding.
On August 3, 2021, the auditor filed its final report on this phase of the audit, and the parties submitted comments and reply comments on this audit report in October 2021.
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On December 15, 2021, the PUCO further expanded the scope of the audit to include an investigation into an apparent nondisclosure of a side agreement in the Ohio Companies’ ESP IV settlement proceedings, but stayed its expansion of the audit until otherwise ordered by the PUCO.
−Removed: On August 16, 2022, the U.S.
−Removed: Attorney for the Southern District of Ohio requested that the PUCO stay the above pending HB 6- related matters for a period of six months, which request was granted by the PUCO on August 24, 2022.
−Removed: On February 22, 2023, the U.S.
−Removed: Attorney for the Southern District of Ohio again requested that the PUCO stay the above pending HB-6 related matters for a period of six months, which request was granted by the PUCO on March 8, 2023.
−Removed: On August 10, 2023, the U.S.
−Removed: Attorney for the Southern District of Ohio requested that the PUCO stay the above pending HB 6-related matters for a period of six additional months, which was approved by the PUCO on August 23, 2023.
−Removed: On September 22, 2023, OCC filed an application for rehearing challenging the PUCO’s August 23, 2023, order, which the PUCO denied on October 18, 2023.
−Removed: On November 17, 2023, OCC filed an application for rehearing challenging the October 18, 2023 entry to the extent the PUCO decided not to stay ESP V as well as Grid Mod I and Grid Mod II along with the investigations.
+Added: The proceeding was stayed in its entirety, including discovery and motions, continuously at the request of the U.S.
+Added: Attorney for the Southern District of Ohio beginning in August 2022 and the stay was lifted on February 26, 2024.
+Added: On February 26, 2024, the Attorney Examiner consolidated this proceeding with the Rider DMR audit proceeding described above, and further lifted the stay of the portion of the investigation relating to an apparent nondisclosure of a side agreement.
+Added: On November 22, 2024, the administrative law judge ordered that the bifurcated portion of the corporate separation audit be consolidated with the
+Added: already-consolidated DMR audit and the expanded DCR rider audit proceeding.
+Added: Evidentiary hearings are scheduled to begin May 13, 2025.
+Added: On September 22, 2023, OCC filed an application for rehearing challenging the PUCO’s August 23, 2023, order to stay the pending HB 6 related matters above, which the PUCO denied on October 18, 2023.
+Added: On November 17, 2023, OCC filed an application for rehearing challenging the October 18, 2023 entry to the extent the PUCO decided not to stay pending proceedings regarding ESP V as well as phases one and two of the Ohio Companies’ distribution grid modernization plans.
On November 27, 2023, the Ohio Companies filed a memorandum contra OCC’s application for rehearing.
−Removed: The four cases remain stayed in their entirety, including discovery and motions, and all related procedural schedules are vacated.
+Added: As the PUCO did not rule on OCC’s November 17, 2023 application for rehearing within 30 days of filing, the application for rehearing was denied by operation of law.
In the fourth quarter of 2020, motions were filed with the PUCO requesting that the PUCO amend the Ohio Companies’ riders for collecting the OVEC-related charges required by HB 6 to provide for refunds in the event such provisions of HB 6 are repealed.
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The Ohio Companies contested the motions, which are pending before the PUCO.
−Removed: On May 15, 2023, the Ohio Companies filed their application for determination of the existence of SEET under ESP IV for calendar year 2022, which demonstrated that each of the individual Ohio Companies did not have significantly excessive earnings.
−Removed: This matter remains pending before the PUCO.
See “Outlook - Other Legal Proceedings” below for additional details on the government investigations and subsequent litigation surrounding the investigation of HB 6.
−Removed: The Pennsylvania Companies operated under rates approved by the PPUC, effective as of January 27, 2017.
On January 1, 2024, each of the Pennsylvania Companies merged with and into FE PA.
−Removed: As a result of the PA Consolidation, FE PA will have five rate districts in Pennsylvania – four that correspond to the territories previously serviced by ME, PN, Penn, and WP and one rate district that corresponds to WP’s service provided to The Pennsylvania State University.
−Removed: The rate districts created by the PA Consolidation will continue the current rate structure of ME, PN, Penn, and WP until the earlier of 2033 or in the fourth base rate case filed after January 1, 2025.
−Removed: Pursuant to Pennsylvania Act 129 of 2008 and PPUC orders, the Pennsylvania Companies implemented energy efficiency and peak demand reduction programs with demand reduction targets, relative to 2007 to 2008 peak demands, at 2.9% MW for ME, 3.3% MW for PN, 2.0% MW for Penn, and 2.5% MW for WP;
+Added: As a result of the PA Consolidation, FE PA has five rate districts in Pennsylvania – four that correspond to the territories previously serviced by ME, PN, Penn, and WP and one rate district that corresponds to WP’s service provided to The Pennsylvania State University.
+Added: The rate districts created by the PA Consolidation will not reach full rate unity until the earlier of 2033 or the conclusion of three base rate cases filed after January 1, 2025.
+Added: FE PA operates under rates approved by the PPUC, effective as of January 1, 2025, as further discussed below.
+Added: Pursuant to Pennsylvania Act 129 of 2008 and PPUC orders, the Pennsylvania Companies implemented energy efficiency and peak demand reduction programs with demand reduction targets, relative to 2007-2008 peak demands, at 2.9% MW for ME, 3.3% MW for PN, 2.0% MW for Penn, and 2.5% MW for WP;
and energy consumption reduction targets, as a percentage of the Pennsylvania Companies’ historic 2009 to 2010 reference load at 3.1% MWh for ME, 3.0% MWh for PN, 2.7% MWh for Penn, and 2.4% MWh for WP.
The fourth phase of FE PA’s energy efficiency and peak demand reduction program, which runs for the five-year period beginning June 1, 2021 through May 31, 2026, was approved by the PPUC on June 18, 2020, providing through cost recovery of approximately $390 million to be recovered through Energy Efficiency and Conservation Phase IV Riders for each FE PA rate district.
−Removed: Pennsylvania EDCs are permitted to seek PPUC approval of an LTIIP for infrastructure improvements and costs related to highway relocation projects, after which a DSIC may be approved to recover LTIIP costs.
+Added: Pennsylvania EDCs are permitted to seek PPUC approval of an LTIIP for accelerated infrastructure improvements and costs related to highway relocation projects, after which a DSIC may be approved to recover LTIIP costs.
On January 16, 2020, the PPUC approved the Pennsylvania Companies’ LTIIPs for the five-year period beginning January 1, 2020 and ending December 31, 2024 for a total capital investment of approximately $572 million for certain infrastructure improvement initiatives.
−Removed: On June 25, 2021, the Pennsylvania Office of Consumer Advocate filed a complaint against Penn’s quarterly DSIC rate, disputing the recoverability of the Companies’ automated distribution management system investment under the DSIC mechanism.
−Removed: On January 26, 2022, the parties filed a joint petition for settlement that resolves all issues in this matter, which was approved by the PPUC without modification on April 14, 2022.
−Removed: Following the Pennsylvania Companies’ 2016 base rate proceedings, the PPUC ruled in a separate proceeding related to the DSIC mechanisms that the Pennsylvania Companies were not required to reflect federal and state income tax deductions related to DSIC-eligible property in DSIC rates.
−Removed: The decision was appealed to the Pennsylvania Supreme Court and in July 2021 the court upheld the Pennsylvania Commonwealth Court’s reversal of the PPUC’s decision and remanded the matter back to the PPUC for determination as to how DSIC calculations shall account for accumulated deferred income taxes and state taxes.
−Removed: The PPUC issued the order as directed.
−Removed: On March 6, 2023, FirstEnergy filed applications with the PPUC, NYPSC and FERC seeking approval to consolidate the Pennsylvania Companies into a new, single operating entity.
−Removed: The PA Consolidation includes, among other steps:
−Removed: (a) the transfer of certain Pennsylvania-based transmission assets owned by WP to KATCo, (b) the contribution of Class B equity interests of MAIT then held by PN and ME to FE (and ultimately transferred to FET as part of the FET Minority Equity Interest Sale as further described above), (c) the formation of FE PA and (d) the merger of each of the Pennsylvania Companies with and into FE PA, with FE PA surviving such mergers as the successor-in-interest to all assets and liabilities of the Pennsylvania Companies.
−Removed: On August 30, 2023, the parties filed a settlement agreement recommending that the PPUC approve the PA Consolidation subject to the terms of the settlement, which include among other things, $650 thousand over five years in bill assistance for income-eligible customers and the Pennsylvania Companies’ commitment to (i) not seek full distribution rate unification until the earlier of 10 years or in the fourth base rate case filed after January 1, 2025 and (ii) track and share with customers certain operational and administrative efficiency costs associated with the PA Consolidation.
−Removed: The PPUC, NYPSC and FERC approved FirstEnergy’s applications on December 7, 2023, November 16, 2023, and August 14, 2023, respectively.
−Removed: The transaction closed on January 1, 2024 making FE PA FirstEnergy's only regulated utility in Pennsylvania.
−Removed: On May 5, 2023, FirstEnergy and Brookfield submitted applications to FERC and to the PPUC to facilitate the FET Minority Equity Interest Sale.
+Added: On July 22, 2024, FE PA filed its application with the PPUC seeking approval for the next phase of its LTIIP program, which is expected to result in approximately $1.6 billion in investments, with approximately $1.4 billion of such investments going in service during the five-year period beginning January 1, 2025 and ending December 31, 2029.
+Added: The PPUC approved FE PA’s application on December 19, 2024, and implementation began in January 2025.
+Added: On May 5, 2023, FirstEnergy and Brookfield submitted applications to FERC and to the PPUC to facilitate the FET Equity Interest Sale.
On May 12, 2023, the parties also filed an application with the VSCC, which was approved on June 20, 2023.
−Removed: On August 14, 2023, FERC issued an order approving the FET Minority Equity Interest Sale.
−Removed: On November 24, 2023, CFIUS notified FET, Brookfield and the Abu Dhabi Investment Authority that it has determined that there were no unresolved national security issues and its review of the transaction was concluded.
−Removed: On November 29, 2023, the parties filed a settlement agreement recommending that the PPUC approve the transaction subject to the terms of the settlement, which include among other things, a number of ring-fencing provisions and a commitment to improve transmission reliability over the next five years.
−Removed: The settlement is currently pending PPUC approval.
+Added: On August 14, 2023, FERC issued an order approving the FET Equity Interest Sale.
+Added: On November 24, 2023, CFIUS notified FET, Brookfield and the Abu Dhabi Investment Authority, as an indirect investor in FET through Brookfield, that it had determined that there were no unresolved national security issues and its review of the transaction was concluded.
+Added: On November 29, 2023, the parties filed a settlement agreement recommending that the PPUC approve the transaction subject to the terms of the settlement, which includes among other things, a number of ring-fencing provisions and a commitment to improve transmission reliability over the next five years.
+Added: The settlement was approved by the PPUC on March 14, 2024.
+Added: The transaction closed on March 25, 2024.
+Added: On April 2, 2024, FE PA filed a base rate case with the PPUC, based on a projected 2025 annual test year.
+Added: The rate case requested a net increase in base distribution revenues of approximately $502 million with a return on equity of 11.3% and capital structure of 46.2% debt and 53.8% equity, and reflected a roll-in of several current riders such as DSIC, Tax Act and smart meter.
+Added: The increase represented an overall net average rate increase in FE PA rates by approximately 7.7%, and a 10.5% average residential rate increase.
+Added: Key components of the base rate case filing included a proposal to change pension recovery from average cash contributions to the delayed recognition method and to implement a mechanism to establish a regulatory asset (or liability) to recover (or refund) net differences between the amount of pension expense requested in the proceeding and the actual annual amount each year using this method.
+Added: Additionally, FE PA requested an enhanced ten-year vegetation management
+Added: program and recovery of certain incurred costs, including major storms, COVID-19, a program to convert streetlights to LEDs, and others.
+Added: On September 13, 2024, FE PA and the active parties to the proceeding filed a joint settlement agreement requesting that the administrative law judges to approve FE PA’s requested distribution base rate case increase subject to the terms and conditions of the settlement, which included, among other things, an annual net revenue increase of $225 million.
+Added: Other key components of the settlement agreement included recovery of costs incurred for storms and COVID-19, additional cost recovery of ongoing storm costs, inspection and maintenance of overhead lines and transformers, and rate case expenses, as well as an enhanced vegetation management program.
+Added: On October 15, 2024, the administrative law judges issued a decision recommending that the PPUC approve, without modification, the September 13, 2024 settlement agreement.
+Added: On November 21, 2024, the PPUC unanimously approved the settlement agreement without modification.
+Added: New rates became effective on January 1, 2025.
WEST VIRGINIA
−Removed: MP and PE provide electric service to all customers through traditional cost-based, regulated utility ratemaking and operate under WVPSC-approved rates that became effective in February 2015.
−Removed: MP and PE recover net power supply costs, including
−Removed: fuel costs, purchased power costs and related expenses, net of related market sales revenue through the ENEC.
−Removed: MP’s and PE’s ENEC rate is updated annually.
−Removed: On August 25, 2022, MP and PE filed with the WVPSC their annual ENEC case requesting an increase in ENEC rates of $183.8 million beginning January 1, 2023, which represents a 12.2% increase to the rates then in effect.
−Removed: The increase was driven by an under recovery during the review period (July 1, 2021, to June 30, 2022) of approximately $145 million due to higher coal, reagent, and emission allowance expenses.
−Removed: This filing additionally addresses, among other things, the WVPSC’s May 2022 request for a prudence review of current rates.
−Removed: At a hearing on December 8, 2022, the parties in the case presented a unanimous settlement to increase rates by approximately $92 million, effective January 1, 2023, and carry over to MP and PE’s 2023 ENEC case, approximately $92 million at a carrying charge of 4%.
−Removed: In an order dated December 30, 2022, the WVPSC approved the settlement with respect to the proposed rate increase, but MP and PE rates remain subject to a prudence review in their 2023 ENEC case.
−Removed: The order also instructed MP to evaluate the feasibility of purchasing the 1,300 MW Pleasants Power Station and file a summary of the evaluation, which MP and PE filed on March 31, 2023.
−Removed: MP and PE provided the WVPSC with regular status reports throughout the second quarter of 2023 regarding the process of their evaluation.
−Removed: Subsequently, the owner of Pleasants entered into an agreement to sell Pleasants to an indirect wholly owned subsidiary of Omnis Global Technologies, LLC, which transaction closed on August 1, 2023.
−Removed: As a result, MP and PE ceased consideration of the possible purchase of Pleasants and on August 30, 2023, the WVPSC closed the proceeding.
−Removed: On August 31, 2023, MP and PE filed with the WVPSC their annual ENEC case requesting an increase in ENEC rates of $167.5 million beginning January 1, 2024, which represents a 9.9% increase in overall rates.
−Removed: This increase, which was driven primarily by higher fuel expenses, includes the approximate $92 million carried over from the 2022 ENEC proceeding and a portion of the approximately $267 million under recovery balance at the end of the review period (July 1, 2022 to June 30, 2023).
−Removed: The remaining $75.6 million of the under recovery balance not recovered in 2024 will be deferred for collection during 2025, with an annual carrying charge of 4%.
+Added: MP and PE provide electric service to all customers through traditional cost-based, regulated utility ratemaking and operate under WVPSC-approved rates.
+Added: MP and PE recover net power supply costs, including fuel costs, purchased power costs and related expenses, net of related market sales revenue through the ENEC.
+Added: MP’s and PE’s ENEC rate is typically updated annually.
+Added: On August 31, 2023, MP and PE filed with the WVPSC their annual ENEC case requesting an increase in ENEC rates of $167.5 million beginning January 1, 2024, which represented a 9.9% increase in overall rates.
+Added: This increase, which was driven primarily by higher fuel expenses, included the approximate $92 million carried over from the 2022 ENEC proceeding and a portion of the approximately $267 million under recovery balance at the end of the review period (July 1, 2022 to June 30, 2023).
+Added: The remaining $75.6 million of the under recovery balance not recovered in 2024 was to be deferred for collection during 2025, with an annual carrying charge of 4%.
A hearing was held on November 30, 2023, at which time a joint stipulation for settlement that was agreed to by all but one party was presented to the WVPSC.
−Removed: The settlement provides for a net $55.4 million increase in ENEC rates beginning March 27, 2024 with the net deferred ENEC balance of approximately $255 million to be recovered through 2026.
−Removed: There will be no 2024 ENEC case unless MP and PE over or under recover more than $50 million than the 2024 ENEC balance and a party elects to invoke a case filing.
−Removed: An order is expected by March 2024.
−Removed: On November 22, 2021, MP and PE filed with the WVPSC their plan to construct 50 MWs of solar generation at five sites in West Virginia.
−Removed: The plan includes a tariff to offer solar power to West Virginia customers and cost recovery for MP and PE through a surcharge for any solar investment not fully subscribed by their customers.
−Removed: A hearing was held in mid-March 2022 and on April 21, 2022, the WVPSC issued an order approving, effective May 1, 2022, the requested tariff and requiring MP and PE to subscribe at least 85% of the planned 50 MWs before seeking final tariff approval.
−Removed: MP and PE must seek separate approval from the WVPSC to recover any solar generation costs in excess of the approved tariff.
−Removed: On April 24, 2023, MP and PE sought final tariff approval from the WVPSC for three of the five solar sites, representing 30 MWs of generation, and requested approval of a surcharge to recover any costs above the final approved tariff.
−Removed: The first solar generation site went into service in January 2024 and construction of the remaining four sites are expected to be completed no later than the end of 2025 at a total investment cost of approximately $110 million.
+Added: The settlement provided for a net $55.4 million increase in ENEC rates beginning March 27, 2024 with the net deferred ENEC balance of approximately $184 million to be recovered from 2025 through 2026.
+Added: There will be no 2024 ENEC case unless MP and PE over or under recover by more than $50 million from January through June 2024 and a party elects to invoke a case filing, neither of which occurred.
+Added: An order was issued on March 26, 2024 approving the settlement without modification and rates became effective on March 27, 2024.
+Added: MP and PE will file their next ENEC filing on or before September 1, 2025.
+Added: On April 21, 2022, the WVPSC issued an order approving, effective May 1, 2022, a tariff to offer solar power on a voluntary basis to West Virginia customers and requiring MP and PE to subscribe at least 85% of the planned 50 MWs of solar generation before seeking approval for surcharge cost recovery.
+Added: MP and PE must seek separate approval from the WVPSC to recover any solar generation costs in excess of the approved solar power tariff.
+Added: On April 24, 2023, MP and PE sought approval for surcharge cost recovery from the WVPSC for three of the five solar sites, representing 30 MWs of generation.
On August 23, 2023, the WVPSC approved the customer surcharge and granted approval to construct three of the five solar sites.
The surcharge went into effect January 1, 2024.
+Added: The first solar generation site went into service in January 2024 and the second solar generation site went into service in September 2024.
+Added: On December 4, 2024, MP and PE submitted for approval a settlement agreement to increase its solar surcharge rate.
+Added: The WVPSC approved the settlement without modification on December 27, 2024 and new rates went into effect on January 1, 2025.
On January 13, 2023, MP and PE filed a request with the WVPSC seeking approval of new depreciation rates for existing and future capital assets.
−Removed: Specifically, MP and PE are seeking to increase depreciation expense by approximately $76 million per year, primarily for regulated generation-related assets.
+Added: Specifically, MP and PE were seeking to increase depreciation expense by approximately $76 million per year, primarily for regulated generation-related assets.
Any depreciation rates approved by the WVPSC would not become effective until new base rates were established.
On August 22, 2023, a unanimous settlement of the case was filed recommending a $33 million per year increase in depreciation expense, effective April 1, 2024.
−Removed: An order from the WVPSC is expected in the first quarter 2024.
−Removed: On March 2, 2023, the WVPSC ordered an audit of MP and PE focused on:
−Removed: (i) the lobbying and promotional/image building expenses, including those related to HB 6, incurred by MP and PE from 2018 to 2022 (ii) intra-corporate charges, (iii) the accounting for charges included in the ENEC cost recovery accounts of MP and PE during the same time period, and (iv) review and report on the findings, including those specific to MP and PE, set forth in the FERC Audit described below as well as a review and report of the responses by MP and PE thereto.
−Removed: The audit began in September 2023 and concluded with a filing of the report on December 28, 2023.
−Removed: The audit found no evidence that HB 6 related costs were included in the 2022 test year, and no errors or omission were identified that would materially affect lobbying and image building costs or expenses charged to the ENEC for the period 2018 to 2022.
−Removed: Additionally, there were several recommended adjustments and recommendations, however, none are expected to have a material effect on FirstEnergy, MP or PE.
−Removed: The report was evaluated as part of the ongoing base rate case.
+Added: An order from the WVPSC was issued on March 26, 2024 approving the settlement without modification and new depreciation rates became effective on April 1, 2024.
On May 31, 2023, MP and PE filed a base rate case with the WVPSC requesting a total revenue increase of approximately $207 million utilizing a test year of 2022 with adjustments plus a request to establish a regulatory asset (or liability) to recover (or refund) in a subsequent base rate case the net differences between the amount of pension and OPEB expense requested in the proceeding (based on average expense from 2018 to 2022) and the actual annual amount each year using the delayed recognition method.
−Removed: Among other things, the increase includes the approximate $76 million requested in a depreciation case filed on January 13, 2023 and described more fully above, and amounts to support a new low-income customer advocacy program,
−Removed: storm restoration work and service reliability investments.
−Removed: New rates are expected to be effective by the end of March 2024.
−Removed: On January 23, 2024, MP, PE and various parties filed with a joint settlement agreement with the WVPSC, which recommends a base rate increase of $105 million, inclusive of the $33 million increase in depreciation expense.
−Removed: Additionally, the settlement includes a new low-income customer advocacy program, a pilot program for service reliability investments and recovery of costs related to storm restoration, retired generation assets and COVID-19.
−Removed: The settlement did not include the request to establish a regulatory asset (or liability) for recover (or refund) associated with pension and OPEB expense, however, it did not preclude MP and PE from pursuing that in a future separate proceeding.
−Removed: An order is expected by the end of the first quarter of 2024 with new rates to be effective March 27, 2024.
−Removed: On August 31, 2023, MP and PE filed its biennial review of their vegetation management program and surcharge.
−Removed: MP and PE have proposed an approximate $17 million increase in the surcharge rates, due to an under recovery in the prior two-year period and increased forecast costs.
−Removed: The case was unanimously settled by the parties on November 29, 2023, approved by the WVPSC on January 8, 2024, and the $17 million increase proposed by MP and PE went into effect on January 1, 2024.
+Added: Among other things, the increase included the approximate $75 million requested in a depreciation case filed on January 13, 2023 and described above, and amounts to support a new low-income customer advocacy program, storm restoration work and service reliability investments.
+Added: On January 23, 2024, MP, PE and various parties filed a joint settlement agreement with the WVPSC, which recommended a base rate increase of $105 million, inclusive of the $33 million increase in depreciation expense, but deferred issues related to a change in the net energy metering credit.
+Added: Additionally, the settlement included a new low-income customer advocacy program, a pilot program for service reliability investments and recovery of costs related to storm restoration, retired generation assets and COVID-19.
+Added: The settlement did not include the request to establish a regulatory asset (or liability) for recovery (or refund) associated with pension and OPEB expense, however, it did not preclude MP and PE from pursuing that in a future separate proceeding.
+Added: On February 16, 2024, interested parties filed a settlement on the net energy metering credit for consideration by the WVPSC.
+Added: An order was issued on March 26, 2024 approving the $105 million increase and accepting the settlements with slight non-material modifications with new rates going into effect on March 27, 2024.
+Added: Additionally, due to the order including approval by the WVPSC to recover certain costs associated with retired generation assets, MP recognized a $60 million pre-tax benefit in the first quarter of 2024 to establish a regulatory asset.
See “Outlook - Environmental Matters - Clean Water Act" below, for additional details on the EPA's ELG.
1 unchanged sentence
Under the Federal Power Act, FERC regulates rates for interstate wholesale sales and transmission of electric power, regulatory accounting and reporting under the Uniform System of Accounts, and other matters, including construction and operation of hydroelectric projects.
−Removed: With respect to their wholesale services and rates, the Utilities, AE Supply and the Transmission Companies are subject to regulation by FERC.
−Removed: FERC regulations require JCP&L, MP, PE, WP and the Transmission Companies to provide open access transmission service at FERC-approved rates, terms and conditions.
−Removed: Transmission facilities of JCP&L, MP, PE, WP and the Transmission Companies are subject to functional control by PJM and transmission service using their transmission facilities is provided by PJM under the PJM Tariff.
+Added: With respect to their wholesale services and rates, the Electric Companies, AE Supply and the Transmission Companies are subject to regulation by FERC.
+Added: FERC regulations require JCP&L, MP, PE and the Transmission Companies to provide open access transmission service at FERC-approved rates, terms and conditions.
+Added: Transmission facilities of JCP&L, MP, PE and the Transmission Companies are subject to functional control by PJM and transmission service using their transmission facilities is provided by PJM under the PJM Tariff.
On January 1, 2024, WP transferred certain of its Pennsylvania-based transmission assets to KATCo.
−Removed: The following table summarizes the key terms of rate orders in effect for transmission customer billings for FirstEnergy's transmission owner entities as of December 31, 2023:
+Added: The following table summarizes the key terms of FERC rate orders in effect for transmission customer billings for FirstEnergy's transmission owner entities as of December 31, 2024:
Company Rates Effective Capital Structure Allowed ROE
1 unchanged sentence
January 2020 Actual (13-month average) 10.20%
−Removed: MP January 2021 Lower of Actual (13-month average) or 56% 10.45%
−Removed: PE January 2021 Lower of Actual (13-month average) or 56% 10.45%
−Removed: January 2021 Lower of Actual (13-month average) or 56% 10.45%
+Added: MP January 2021 Lower of Actual (13-month average) or 56% equity
+Added: PE January 2021 Lower of Actual (13-month average) or 56% equity
+Added: January 2021 Hypothetical 49.3% equity (3)
MAIT July 2017 Lower of Actual (13-month average) or 60%
TrAIL July 2008 Actual (year-end) 12.7% (2) / 11.7% (3)
+Added: (1) Reflects a 0.5% reduction to the 10.38% approved ROE due to the January 2025 Sixth Circuit ruling eliminating the 50 basis point adder associated with RTO membership (see Transmission ROE Incentive:
(2) On January 1, 2024, WP transferred certain of its Pennsylvania-based transmission assets to KATCo
+Added: (3) Hypothetical capital structure will convert to an actual (13-month average) in January 2027
(4) TrAIL the Line and Black Oak Static Var Compensator
1 unchanged sentence
FERC regulates the sale of power for resale in interstate commerce in part by granting authority to public utilities to sell wholesale power at market-based rates upon showing that the seller cannot exert market power in generation or transmission or erect barriers to entry into markets.
−Removed: The Utilities and AE Supply each have the necessary authorization from FERC to sell their wholesale power, if any, in interstate commerce at market-based rates, although in the case of the Utilities major wholesale purchases remain subject to review and regulation by the relevant state commissions.
−Removed: Federally enforceable mandatory reliability standards apply to the bulk electric system and impose certain operating, record-keeping and reporting requirements on the Utilities, AE Supply, and the Transmission Companies.
+Added: The Electric Companies and AE Supply each have the necessary authorization from FERC to sell their wholesale power, if any, in interstate commerce at market-based rates, although in the case of the Electric Companies major wholesale purchases remain subject to review and regulation by the relevant state commissions.
+Added: Federally enforceable mandatory reliability standards apply to the bulk electric system and impose certain operating, record-keeping and reporting requirements on the Electric Companies, AE Supply, and the Transmission Companies.
NERC is the Electric Reliability Organization designated by FERC to establish and enforce these reliability standards, although NERC has delegated day-to-day implementation and enforcement of these reliability standards to six regional entities, including RFC.
3 unchanged sentences
Nevertheless, in the course of operating its extensive electric utility systems and facilities, FirstEnergy occasionally learns of isolated facts or circumstances that could be interpreted as excursions from the reliability standards.
−Removed: If and when such
−Removed: occurrences are found, FirstEnergy develops information about the occurrence and develops a remedial response to the specific circumstances, including in appropriate cases “self-reporting” an occurrence to RFC.
+Added: If and when such occurrences are found, FirstEnergy develops information about the occurrence and develops a remedial response to the specific circumstances, including in appropriate cases “self-reporting” an occurrence to RFC.
Moreover, it is clear that NERC, RFC and FERC will continue to refine existing reliability standards as well as to develop and adopt new reliability standards.
7 unchanged sentences
As a result of this analysis, FirstEnergy recorded in the third quarter of 2022 approximately $45 million ($34 million after-tax) in expected customer refunds, plus interest, due to its wholesale transmission customers and reclassified approximately $195 million of certain transmission capital assets to operating expenses for the audit period, of which $90 million ($67 million after-tax) are not expected to be recoverable and impacted FirstEnergy’s earnings since they relate to costs capitalized during stated transmission rate time periods.
−Removed: FirstEnergy is currently recovering approximately $105 million of costs reclassified to operating expenses in its transmission formula rate revenue requirements, of which $13 million of costs have been recovered as of December 31, 2023.
+Added: FirstEnergy has recovered approximately $105 million of costs reclassified to operating expenses in its transmission formula rate revenue requirements as of December 31, 2024.
+Added: These reclassifications also resulted in a reduction to the Stand-Alone Transmission segment’s rate base by approximately $160 million, which is not expected to materially impact FirstEnergy or the segment’s future earnings.
+Added: The expected wholesale transmission customer refunds were recognized as a reduction to revenue, and the amount of reclassified transmission capital assets that are not expected to be recoverable were recognized within “Other operating expenses” at the Stand-Alone Transmission segment and on FirstEnergy’s Consolidated Statements of Income.
+Added: Furthermore, the Ohio Companies are in the process of addressing the outcomes of the FERC Audit with the PUCO, which includes seeking continued rate base treatment of approximately $100 million of certain corporate support costs allocated to distribution capital assets in Ohio.
On December 8, 2023, FERC audit staff issued a letter advising that two unresolved audit matters, primarily related to FirstEnergy’s plan to recover the reclassified operating expenses in formula transmission rates, were being referred to other offices within FERC for further review.
−Removed: These reclassifications also resulted in a reduction to the Regulated Transmission segment’s rate base by approximately $160 million, which is not expected to materially impact FirstEnergy or the segment’s future earnings.
−Removed: The expected wholesale transmission customer refunds were recognized as a reduction to revenue, and the amount of reclassified transmission capital assets that are not expected to be recoverable were recognized within “Other operating expenses” at the Regulated Transmission segment and on FirstEnergy’s Consolidated Statements of Income.
−Removed: Furthermore, FirstEnergy’s distribution utilities are in the process of addressing the outcomes of the FERC Audit with the applicable state commissions and proceedings, which includes seeking continued rate base treatment of approximately $310 million of certain corporate support costs allocated to distribution capital assets.
−Removed: If FirstEnergy is unable to recover these transmission or distribution costs, it could result in future charges and/or adjustments and have an adverse impact on FirstEnergy’s financial condition.
−Removed: ATSI ROE – Ohio Consumers Counsel v.
+Added: On July 5, 2024 and September 26, 2024, the FERC Office of Enforcement issued additional data requests related to the 2022 reclassification of operating expenses, to which FirstEnergy replied.
+Added: On September 10, 2024, the FERC Office of Enforcement issued a set of data requests related to the classification and recovery of a since terminated fuel consulting contract, to which FirstEnergy responded.
+Added: The FERC Office of Enforcement issued another set of data requests related to the same fuel consulting contract on January 13, 2025.
+Added: Responses are due March 5, 2025.
+Added: If the FERC Office of Energy Market Regulation and the FERC Office of Enforcement were to successfully challenge the recovery of the 2022 reclassified operating expenses and formula transmission rates it could have material adverse effect on FirstEnergy financial conditions, result of operations, and cash flows.
+Added: Transmission ROE Incentive:
On February 24, 2022, the OCC filed a complaint with FERC against ATSI, AEP’s Ohio affiliates and American Electric Power Service Corporation, and Duke Energy Ohio, LLC asserting that FERC should reduce the ROE utilized in the utilities’ transmission formula rates by eliminating the 50 basis point adder associated with RTO membership, effective February 24, 2022.
2 unchanged sentences
AEP and OCC appealed FERC’s orders to the Sixth Circuit.
−Removed: FirstEnergy is actively participating in the appeal and the case remains pending.
−Removed: FirstEnergy is unable to predict the outcome of this proceeding, but it is not expected to have a material impact.
+Added: On January 17, 2025, the Sixth Circuit ruled that the 50 basis point adder is available only where RTO membership is voluntary, that Ohio law requires Ohio’s transmission utilities to be members of an RTO, and that it was unlawful for FERC to excise the adder from AEP rates, but not from the Duke and ATSI rates.
+Added: FirstEnergy expects to pursue further appeal.
+Added: During the fourth quarter of 2024, ATSI recognized a $46 million pre-tax charge, with interest, of which $42 million is reported in “Transmission Revenues” and $4 million is reported in “Miscellaneous income, net” on the Consolidated Statements of Income at the Stand-Alone Transmission segment to reflect the expected refund owed to transmission customers back to February 24, 2022.
Transmission ROE Methodology
−Removed: On March 20, 2020, FERC initiated a rulemaking proceeding on the transmission rate incentives provisions of Section 219 of the 2005 Energy Policy Act.
−Removed: FirstEnergy submitted comments through the Edison Electric Institute and as part of a consortium of PJM Transmission Owners.
−Removed: In a supplemental rulemaking proceeding that was initiated on April 15, 2021, FERC requested comments on, among other things, whether to require utilities that have been members of an RTO for three years or more and that have been collecting an “RTO membership” ROE incentive adder to file tariff updates that would terminate collection of the incentive adder.
−Removed: Initial comments on the proposed rule were filed on June 25, 2021, and reply comments were filed on July 26, 2021.
−Removed: The rulemaking remains pending before FERC.
−Removed: FirstEnergy is a member of PJM and its transmission subsidiaries could be affected by the supplemental proposed rule.
+Added: A proposed rulemaking proceeding concerning transmission rate incentives provisions of Section 219 of the 2005 Energy Policy Act was initiated in March of 2020 and remains pending before FERC.
+Added: Among other things, the rulemaking explored whether utilities should collect an “RTO membership” ROE incentive adder for more than three years.
+Added: FirstEnergy is a member of PJM, and its transmission subsidiaries could be affected by the proposed rulemaking.
FirstEnergy participated in comments on the supplemental rulemaking that were submitted by a group of PJM transmission owners and by various industry trade groups.
If there were to be any changes to FirstEnergy's transmission incentive ROE, such changes will be applied on a prospective basis.
−Removed: Allegheny Power Zone Transmission Formula Rate Filings
−Removed: On October 29, 2020, MP, PE and WP filed tariff amendments with FERC to implement a forward-looking formula transmission rate, to be effective January 1, 2021.
−Removed: In addition, on October 30, 2020, KATCo filed a proposed new tariff to establish a forward-looking formula rate and requested that the new rate become effective January 1, 2021.
−Removed: In its filing, KATCo explained that while it currently owns no transmission assets, it may build new transmission facilities in the Allegheny zone, and that it may seek required state and federal authorizations to acquire transmission assets from PE and WP by January 1, 2022.
−Removed: These transmission rate filings were accepted for filing by FERC on December 31, 2020, effective January 1, 2021, subject to refund, pending further hearing and settlement procedures and were consolidated into a single proceeding.
−Removed: MP, PE and WP, and KATCo filed uncontested settlement agreements with FERC on January 18, 2023.
−Removed: Also on January 18, 2023, MP, PE and WP filed a motion for interim rates to implement certain aspects of the settled rate.
−Removed: The interim rates were approved by the FERC Chief Administrative Law Judge and took effect on January 1, 2023.
−Removed: As a result of the filed settlement, FirstEnergy recognized a $25 million pre-tax charge during the fourth quarter of 2022, which reflects the difference between amounts originally recorded as assets and amounts which will ultimately be recovered from customers as a result.
−Removed: On May 4, 2023, FERC issued an order approving the settlement agreement without condition or modification.
−Removed: Pursuant to the order, a compliance filing was filed on May 19, 2023, that implemented the terms of the settlement.
−Removed: On June 26, 2023, FERC issued a letter order approving the compliance filing.
Transmission Planning Supplemental Projects:
6 unchanged sentences
ATSI and the other transmission utilities in Ohio and PJM filed comments and the complaint is pending before FERC.
+Added: Local Transmission Planning Complaint:
+Added: Industrial Energy Consumers of America, et al.
+Added: Avista Corporation, et al.
+Added: On December 19, 2024, the Industrial Energy Consumers of America, a group representing large industrial customers, and state consumer advocates filed a complaint at FERC that asserts that transmission owners are overbuilding “local transmission facilities” with corresponding unjustified increases in transmission rates.
+Added: The complaint demands that FERC:
+Added: (i) prohibit transmission owners from planning “local transmission facilities” that are rated at 100kV or higher, (ii) appoint “independent transmission monitors” to conduct such planning, and (iii) condition construction of local transmission facilities on the facility having been planned by the “independent transmission monitor.” FirstEnergy expects to participate in this matter through a consortium of PJM transmission owners and through certain trade groups, including EEI.
+Added: FirstEnergy is unable to predict the outcome or estimate the impact that this complaint may have on its Transmission Companies, however, whether this lawsuit moves forward could have a material impact on FirstEnergy’s transmission capital investment strategy.
ENVIRONMENTAL MATTERS
19 unchanged sentences
On October 29, 2019, the State of New York appealed the denial of its petition to the D.C.
−Removed: On July 14, 2020, the D.C.
+Added: On July 14, 2020,
Circuit reversed and remanded the New York petition to the EPA for further consideration.
1 unchanged sentence
In December 2021, MP purchased NOx emissions allowances to comply with 2021 ozone season requirements.
−Removed: On April 6, 2022, the EPA published proposed rules seeking to impose further significant reductions in EGU NOx emissions in 25 upwind states, including West Virginia, with the stated purpose of allowing downwind states to attain or maintain
−Removed: compliance with the 2015 ozone National Ambient Air Quality Standards.
+Added: On April 6, 2022, the EPA published proposed rules seeking to impose further significant reductions in EGU NOx emissions in 25 upwind states, including West Virginia, with the stated purpose of allowing downwind states to attain or maintain compliance with the 2015 ozone National Ambient Air Quality Standards.
On February 13, 2023, the EPA disapproved 21 SIPs, which was a prerequisite for the EPA to issue a final Good Neighbor Plan or FIP.
2 unchanged sentences
On August 10, 2023, the 4th Circuit granted West Virginia an interim stay of the disapproval of its SIP and on January 10, 2024, after a hearing held on October 27, 2023, granted a full stay which precludes the Good Neighbor Plan from going into effect in West Virginia.
−Removed: In addition to West Virginia, certain other states, and certain trade organizations, including the Midwest Ozone Group of which FE is a member, have separately appealed and filed motions to stay the Good Neighbor Plan itself at the D.C.
+Added: In addition to West Virginia, certain other states, and certain trade organizations, including the Midwest Ozone Group of which FE is a member, separately filed petitions for review and motions to stay the Good Neighbor Plan itself at the D.C.
On September 25, 2023, the D.C.
1 unchanged sentence
On October 13, 2023, the aggrieved parties filed an Emergency Application for an Immediate Stay of the Good Neighbor Plan with the U.S.
−Removed: Supreme Court, which remains pending.
−Removed: Oral argument is scheduled for February 21, 2024.
+Added: Supreme Court.
+Added: Oral argument was heard on February 21, 2024.
+Added: On June 27, 2024, the U.S.
+Added: Supreme Court granted a stay of the Good Neighbor Plan pending disposition of the petition for review in the D.C.
+Added: On February 6, 2025, the EPA filed a motion at the D.C.
+Added: Circuit to hold the proceedings in abeyance for 60 days to allow the EPA time to familiarize itself with the Good Neighbor Plan and in particular, time to brief the new administration about these consolidated petitions and the underlying Rule to allow them to decide what action, if any, is necessary.
Climate Change
−Removed: In September 2016, the U.S.
−Removed: joined in adopting the agreement reached on December 12, 2015, at the United Nations Framework Convention on Climate Change meetings in Paris to reduce GHGs.
−Removed: The Paris Agreement’s non-binding obligations to limit global warming to below two degrees Celsius became effective on November 4, 2016.
−Removed: On June 1, 2017, the Trump Administration announced that the U.S.
−Removed: would cease all participation in the Paris Agreement.
−Removed: On January 20, 2021, President Biden signed an executive order re-adopting the agreement on behalf of the U.S.
−Removed: There are several initiatives to reduce GHG emissions at the state, federal and international level.
−Removed: Certain northeastern states are participating in the Regional Greenhouse Gas Initiative and western states led by California, have implemented programs, primarily cap and trade mechanisms, to control emissions of certain GHGs.
+Added: In recent years, regulators in the U.S.
+Added: have focused efforts on increasing disclosures by companies related to climate change and mitigation efforts.
+Added: There are several initiatives to reduce GHG emissions at the state and international level.
+Added: Certain northeastern states are participating in the Regional Greenhouse Gas Initiative and western states, including California, have implemented programs to control emissions of certain GHGs and enhance public disclosures relating to the same.
Additional policies reducing GHG emissions, such as demand reduction programs, renewable portfolio standards and renewable subsidies have been implemented across the nation.
−Removed: FirstEnergy has pledged to achieve carbon neutrality by 2050 in GHGs within FirstEnergy’s direct operational control (Scope 1).
−Removed: With respect to our coal-fired plants in West Virginia, we have identified that the end of the useful life date is 2035 for Fort Martin and 2040 for Harrison.
+Added: FirstEnergy has pledged to achieve carbon neutrality by 2050 with respect to GHGs within FirstEnergy’s direct operational control (known as Scope 1 emissions).
+Added: Our ability to achieve our GHG reduction goal is subject to our ability to make operational changes and is conditioned upon numerous risks, many of which are outside of our control.
+Added: With respect to our coal-fired plants in West Virginia, which serve as the primary source of our Scope 1 emissions, we have identified that the end of the useful life date is 2035 for Fort Martin and 2040 for Harrison.
Determination of the useful life of the regulated coal-fired generation could result in changes in depreciation, and/or continued collection of net plant in rates after retirement, securitization, sale, impairment, or regulatory disallowances.
If MP is unable to recover these costs, it could have a material adverse effect on FirstEnergy’s and/or MP’s financial condition, results of operations, and cash flow.
−Removed: Furthermore, FirstEnergy cannot currently estimate the financial impact of climate change policies, although potential legislative or regulatory programs restricting CO2 emissions, or litigation alleging damages from GHG emissions, could require material capital and other expenditures or result in changes to its operations.
+Added: FirstEnergy cannot currently estimate the financial impact of climate change policies, including the final SEC climate disclosure rules, which are currently stayed, although potential legislative or regulatory programs restricting CO 2 emissions, or litigation alleging damages from GHG emissions, could require material capital and other expenditures or result in changes to its operations.
In December 2009, the EPA released its final “Endangerment and Cause or Contribute Findings for GHGs under the Clean Air Act,” concluding that concentrations of several key GHGs constitute an “endangerment” and may be regulated as “air pollutants” under the CAA and mandated measurement and reporting of GHG emissions from certain sources, including electric generating plants.
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Environmental Protection Agency intended to reduce power sector GHG emissions (primarily CO 2 emissions) from fossil fuel based EGUs.
−Removed: The rule proposes stringent emissions limitations based on fuel type and unit retirement date.
−Removed: Comments on the proposed rule were submitted to the EPA on August 8, 2023.
−Removed: Depending on how final rules are ultimately implemented and the outcome of any appeals, compliance with these standards could require additional capital expenditures or changes in operation at the Ft.
+Added: The rule, which proposed stringent GHG emissions limitations based on fuel type and unit retirement date, was issued as final by the EPA on April 25, 2024.
+Added: In May 2024, a group of 25 states, including West Virginia, filed a challenge to the
+Added: rule in the D.C.
+Added: Also in May 2024, other utility groups, including the Midwest Ozone Group and Electric Generators for a Sensible Transition, both of which MP is a member, filed petitions for review of the GHG rule as well as motions to stay the rule in the D.C.
+Added: On July 19, 2024, the D.C.
+Added: Circuit denied the stay motions and on July 23 and 26, 2024 the aggrieved petitioners filed emergency stay applications to the U.S.
+Added: Supreme Court.
+Added: On October 16, 2024, the U.S.
+Added: Supreme Court denied the stay applications.
+Added: On December 6, 2024, oral arguments on the merits of the challenge were heard by the D.C.
+Added: On February 5, 2025, the Department of Justice filed an unopposed motion on behalf of EPA in the D.C.
+Added: Circuit, seeking to hold the litigation in abeyance, and forego issuing its opinion, for a period of 60 days while the new leadership at EPA evaluates the rule and determines how it wishes to proceed On February 19, 2025, the D.C.
+Added: Circuit granted EPA’s motion.
+Added: Depending on the outcome of any appeals, compliance with these standards could require additional capital expenditures or changes in operation at the Ft.
Martin and Harrison power stations.
8 unchanged sentences
On March 29, 2023, the EPA published proposed revised ELGs applicable to coal-fired power plants that include more stringent effluent limitations for wet scrubber systems and ash transport water, and new limits on landfill leachate.
−Removed: Public hearings on the proposed rules were held in April 2023 and comments were accepted through May 30, 2023.
−Removed: In the interim, the rule issued on August 31, 2020, remains in effect.
−Removed: Depending on the outcome of appeals and how final revised rules are ultimately implemented, compliance with these standards could require additional capital expenditures or changes in operation at the Ft.
+Added: The rule was issued as final by the EPA on April 25, 2024.
+Added: On May 30, 2024, the Utility Water Act Group, of which FirstEnergy is a member, filed a Petition for Review of the 2024 ELG Rule with the U.S.
+Added: Court of Appeals for the Fifth and Eighth Circuit Courts, and on June 18, 2024, the Utility Water Group filed a motion to stay the Rule pending disposition on the merits.
+Added: A number of other parties have challenged the final rule in various petitions for review across several circuits.
+Added: Those petitions and motions for stay have been consolidated and will be reviewed by the U.S.
+Added: Court of Appeals for the Eighth Circuit Court.
+Added: On October 10, 2024, the Eighth Circuit denied the motions for stay.
+Added: Depending on the outcome of appeals and how final revised rules are ultimately implemented, compliance with these standards could require additional capital expenditures or changes in operation at closed and active landfills, and at the Ft.
Martin and Harrison power stations from what was approved by the WVPSC in September 2022 to comply with the 2020 ELG rule.
+Added: FirstEnergy is currently assessing the impact of the final rule.
Regulation of Waste Disposal
5 unchanged sentences
The final rule allowed for an extension of the closure deadline based on meeting identified site-specific criteria.
−Removed: On November 30, 2020, AE Supply submitted a closure deadline extension request to the EPA seeking to extend the cease accepting waste date for the McElroy's Run CCR impoundment facility through the end of the first quarter of 2024, which request is pending technical review by the EPA.
−Removed: AE Supply continues to operate McElroy’s Run as a disposal facility for Pleasants Power Station, which is owned and operated by a non-affiliate.
+Added: On November 30, 2020, AE Supply submitted a closure deadline extension request to the EPA seeking to extend the cease accepting waste date for the McElroy's Run CCR impoundment facility to October 2024, which request was withdrawn by AE Supply on July 9, 2024, prior to the completion of the technical review by the EPA.
+Added: As of May 31, 2024, AE Supply ceased accepting waste at the McElroy’s Run CCR impoundment facility from Pleasants Power Station.
+Added: As of December 31, 2024, AE Supply continues to operate the dry landfill adjacent to McElroy’s Run as a disposal facility for Pleasants Power Station.
+Added: During the second quarter of 2024, as a result of the evaluation of closure options for McElroy’s Run and the adjacent landfill, AE Supply reviewed its ARO and future expected costs to remediate, resulting in an increase to the ARO liability and corresponding increase to “Other operating expense” of $87 million at Corporate/Other for segment reporting.
+Added: On February 3, 2025, AE Supply executed an environmental liability transfer agreement with a subsidiary of IDA Power, LLC, whereby AE Supply will transfer the McElroy’s Run CCR impoundment facility and adjacent dry landfill and related remediation obligations.
+Added: The agreement requires AE Supply to establish a $160 million escrow account that AE Supply will fund over five years.
+Added: The escrow funding obligation will be secured by a surety bond, which will be guaranteed by FE.
+Added: The transaction is expected to close before the end of the first quarter of 2025 and the derecognition of the ARO is not expected to have a material impact to FirstEnergy’s financial statements, however, no assurances of the closing of the transfer will be satisfied, including transfer of all required environmental permits.
+Added: On May 8, 2024, the EPA finalized changes to the CCR regulations addressing inactive surface impoundments at inactive electric utilities, known as legacy CCR surface impoundments.
+Added: The rule extends 2015 CCR Rule requirements for groundwater monitoring and protection, operational and reporting procedures as well as closure requirements to impoundments and landfills that were not originally included for coverage by the 2015 CCR Rule.
+Added: Furthermore, the EPA’s interpretations of the EPA CCR regulations continue to evolve through enforcement and other regulatory actions.
+Added: FirstEnergy is currently assessing the potential impacts of the final rule, including a review of additional sites to which the new rule might be applicable.
+Added: Depending on the outcome of appeals and the ultimate implementation of the final rule, compliance with these standards could require remedial actions, including removal of coal ash.
+Added: See Note 8, “Asset Retirement Obligations,” above for a description of the $139 million increase to its ARO that FirstEnergy recorded during 2024 as a result of its analysis.
FE or its subsidiaries have been named as potentially responsible parties at waste disposal sites, which may require cleanup under the CERCLA.
1 unchanged sentence
however, federal law provides that all potentially responsible parties for a particular site may be liable on a joint and several basis.
−Removed: Environmental liabilities that are considered probable have been recognized on the Consolidated Balance Sheets as of September 30, 2023, based on estimates of the total costs of cleanup, FirstEnergy’s proportionate responsibility for such costs and the financial ability of other unaffiliated entities to pay.
+Added: Environmental liabilities that are considered probable have been recognized on FirstEnergy’s Consolidated Balance Sheets as of December 31, 2024 based on estimates of the total costs of cleanup, FirstEnergy’s proportionate responsibility for such costs and the financial ability of other unaffiliated entities to pay.
Total liabilities of approximately $98 million have been accrued through December 31, 2024, of which approximately $69 million are for environmental remediation of former MGP and gas holder facilities in New Jersey, which are being recovered by JCP&L through a non-bypassable societal benefits charge.
5 unchanged sentences
In March 2023, a jury found Mr.
−Removed: Householder and his co-defendant, Matthew Borges, guilty and in June 2023, the two were sentenced to prison for 20 and 5 years, respectively.
+Added: Householder and his co-defendant, Matthew Borges, guilty and in June 2023, the two were sentenced to prison for 20 and five years, respectively.
Householder and Borges have appealed their sentences.
−Removed: Also, on July 21, 2020, and in connection with the DOJ’s investigation, FirstEnergy received subpoenas for records from the U.S.
−Removed: Attorney’s Office for the Southern District Ohio.
+Added: Also, on July 21, 2020, and in connection with the U.S.
+Added: Attorney’s Office’s investigation, FirstEnergy received subpoenas for records from the U.S.
+Added: Attorney’s Office for the Southern District of Ohio.
FirstEnergy was not aware of the criminal allegations, affidavit or subpoenas before July 21, 2020.
+Added: On January 17, 2025, the U.S.
+Added: Attorney’s Office announced that a federal grand jury charged two former FirstEnergy senior officers with one count of participating in a Racketeer Influenced and Corrupt Organizations Act conspiracy.
+Added: The allegations in the indictment are largely based on the conduct described in the DPA.
On July 21, 2021, FE entered into a three-year DPA with the U.S.
−Removed: Attorney’s Office that, subject to court proceedings, resolves this matter.
−Removed: Under the DPA, FE has agreed to the filing of a criminal information charging FE with one count of conspiracy to commit honest services wire fraud.
−Removed: The DPA requires that FirstEnergy, among other obligations:
+Added: Attorney’s Office that, subject to court proceedings, resolves this matter as to FE.
+Added: Under the DPA, FE agreed to the filing of a criminal information charging FE with one count of conspiracy to commit honest services wire fraud.
+Added: The DPA required that FirstEnergy, among other obligations:
(i) continue to cooperate with the U.S.
Attorney’s Office in all matters relating to the conduct described in the DPA and other conduct under investigation by the U.S.
−Removed: (ii) pay a criminal monetary penalty totaling $230 million within sixty days, which shall consist of (x) $115 million paid by FE to the United States Treasury and (y) $115 million paid by FE to the ODSA to fund certain assistance programs, as determined by the ODSA, for the benefit of low-income Ohio electric utility customers;
+Added: (ii) pay a criminal monetary penalty totaling $230 million within sixty days, consisting of (x) $115 million paid by FE to the United States Treasury and (y) $115 million paid by FE to the ODSA to fund certain assistance programs, as determined by the ODSA, for the benefit of low-income Ohio electric utility customers;
(iii) publish a list of all payments made in 2021 to either 501(c)(4) entities or to entities known by FirstEnergy to be operating for the benefit of a public official, either directly or indirectly, and update the same on a quarterly basis during the term of the DPA;
−Removed: (iv) issue a public
−Removed: statement, as dictated in the DPA, regarding FE’s use of 501(c)(4) entities;
+Added: (iv) issue a public statement, as dictated in the DPA, regarding FE’s use of 501(c)(4) entities;
and (v) continue to implement and review its compliance and ethics program, internal controls, policies and procedures designed, implemented and enforced to prevent and detect violations of the U.S.
2 unchanged sentences
The entire amount of the monetary penalty was recognized as expense in the second quarter of 2021 and paid in the third quarter of 2021.
−Removed: Under the terms of the DPA, the criminal information will be dismissed after FirstEnergy fully complies with its obligations under the DPA.
+Added: As of July 22, 2024, FirstEnergy had successfully completed the obligations required within the three-year term of the DPA.
+Added: Under the DPA, FirstEnergy has an obligation to continue (i) publishing quarterly a list of all payments to 501(c)(4) entities and all payments to entities known by FirstEnergy operating for the benefit of a public official, either directly or indirectly;
+Added: (ii) not making any statements that contradict the DPA;
+Added: (iii) notifying the U.S.
+Added: Attorney’s Office of any changes in FirstEnergy’s corporate form;
+Added: and (iv) cooperating with the U.S.
+Added: Attorney’s Office until the conclusion of any related investigation, criminal prosecution, and civil proceeding brought by the U.S.
+Added: Attorney’s Office, including the aforementioned January 17, 2025, indictment.
+Added: Within 30 days of those matters concluding, and FirstEnergy’s successful completion of its remaining obligations, the U.S.
+Added: Attorney’s Office will dismiss the criminal information.
Legal Proceedings Relating to United States v.
Larry Householder, et al.
−Removed: On August 10, 2020, the SEC, through its Division of Enforcement, issued an order directing an investigation of possible securities laws violations by FE, and on September 1, 2020, issued subpoenas to FE and certain FE officers.
+Added: On August 10, 2020, the SEC, through its Division of Enforcement, issued an order directing an investigation of possible securities laws violations by FE, and on September 1, 2020, issued subpoenas to FE and certain FE officers relating to the conduct described in the DPA.
On April 28, 2021, July 11, 2022, and May 25, 2023, the SEC issued additional subpoenas to FE, with which FE has complied.
−Removed: While no contingency has been reflected in its consolidated financial statements, FE believes that it is probable that it will incur a loss in connection with the resolution of the SEC investigation.
−Removed: Given the ongoing nature and complexity of the review, inquiries and investigations, FE cannot yet reasonably estimate a loss or range of loss that may arise from the resolution of the SEC investigation.
+Added: FirstEnergy cooperated fully with the SEC investigation, and on September 12, 2024, the SEC issued a settlement order that concluded and resolved the investigation in its entirety.
+Added: Under the terms of the settlement, FE agreed to pay a civil penalty of $100 million and to cease and desist from committing or causing any violations and any future violations of specified provisions of the federal securities laws and rules promulgated thereunder, which was recognized as a loss contingency of $100 million in the second quarter of 2024 at Corporate/Other for segment reporting and paid on September 25, 2024.
On June 29, 2023, the OOCIC served FE a subpoena, seeking information relating to the conduct described in the DPA.
−Removed: FirstEnergy was not aware of the OOCIC’s investigation prior to receiving the subpoena and understands that the OOCIC’s investigation is also focused on the conduct described in the DPA.
+Added: FirstEnergy was not aware of the OOCIC’s investigation prior to receiving the subpoena and understood that the OOCIC’s investigation was also focused on the conduct described in the DPA, other than with respect to the March 25, 2024, felony indictment of Mr.
+Added: Householder brought in Cuyahoga County, Ohio.
FirstEnergy is cooperating with the OOCIC in its investigation.
−Removed: On February 12, 2024, and in connection with the OOCIC’s ongoing investigation, an indictment by a grand jury of Summit County, Ohio was unsealed against the former chairman of the PUCO, Samuel Randazzo, and two former FirstEnergy senior officers, Charles E.
−Removed: Jones, and Michael J.
−Removed: Dowling, charging each of them with several felony counts, including bribery, telecommunications fraud, money laundering and aggravated theft, related to payments described in the DPA.
−Removed: No contingency has been reflected in FirstEnergy’s consolidated financial statements, as a loss is neither probable, nor is a loss or range of loss reasonably estimable.
+Added: On February 12, 2024, and in connection with the OOCIC’s ongoing investigation, an indictment by a grand jury of Summit County, Ohio was unsealed against the now-deceased, former chairman of the PUCO, and two former FirstEnergy senior officers, charging each of them with several felony counts, including bribery, telecommunications fraud, money laundering and aggravated theft, related to payments described in the DPA.
+Added: On August 12, 2024, FirstEnergy entered into a settlement with the OAG's Office and the Summit County Prosecutor’s Office to resolve both the OOCIC investigation and State of Ohio ex rel.
+Added: Dave Yost, Ohio Attorney General v.
+Added: FirstEnergy Corp., et al.
+Added: and City of Cincinnati and City of Columbus v.
+Added: FirstEnergy Corp., noted below.
+Added: The settlement includes, among other things, a non-prosecution agreement and a payment of $19.5 million, which was recorded as a loss contingency in the second quarter of 2024 in FirstEnergy’s Consolidated Statements of Income at Corporate/Other for segment reporting and was paid on August 16, 2024.
In addition to the subpoenas referenced above under “ United States v.
Larry Householder, et.
−Removed: al.” and the SEC investigation, certain FE stockholders and FirstEnergy customers filed several lawsuits against FirstEnergy and certain current and former directors, officers and other employees, and the complaints in each of these suits is related to allegations in the complaint and supporting affidavit relating to HB 6 and the now former Ohio House Speaker Larry Householder and other individuals and entities allegedly affiliated with Mr.
+Added: ” and the SEC investigation, certain FE stockholders and FirstEnergy customers filed several lawsuits against FirstEnergy and certain current and former directors, officers and other employees, and the complaints in each of these suits is related to allegations in the complaint and supporting affidavit relating to HB 6 and the now former Ohio House Speaker Larry Householder and other individuals and entities allegedly affiliated with Mr.
The plaintiffs in each of the below cases seek, among other things, to recover an unspecified amount of damages (unless otherwise noted).
5 unchanged sentences
A consolidated complaint was filed on February 26, 2021.
−Removed: The consolidated complaint alleges, on behalf of a proposed class of persons who purchased FE securities between February 21, 2017 and July 21, 2020, that FE and certain current or former FE officers violated Sections 10(b) and 20(a) of the Exchange Act by issuing misrepresentations or omissions concerning FE’s business and results of operations.
+Added: The consolidated complaint alleges, on behalf of a proposed class of persons who purchased FE securities between February 21, 2017 and July 21, 2020, that FE and certain current or former FE officers violated Sections 10(b) and 20(a) of the Exchange Act by issuing alleged misrepresentations or omissions concerning FE’s business and results of operations.
The consolidated complaint also alleges that FE, certain current or former FE officers and directors, and a group of underwriters violated Sections 11, 12(a)(2) and 15 of the Securities Act of 1933 as a result of alleged misrepresentations or omissions in connection with offerings of senior notes by FE in February and June 2020.
1 unchanged sentence
On April 14, 2023, FE filed a petition in the U.S.
−Removed: Court of Appeals for the Sixth Circuit seeking to appeal that order, which the Sixth Circuit granted on November 16, 2023.
+Added: Court of Appeals for the Sixth Circuit seeking to appeal that order;
+Added: the Sixth Circuit granted FE’s petition on November 16, 2023, and heard oral argument on July 17, 2024.
On November 30, 2023, FE filed a motion with the S.D.
−Removed: Ohio to stay all proceedings pending the circuit court appeal.
−Removed: All discovery is stayed during the pendency of the district court motion.
+Added: Ohio to stay all proceedings pending that circuit court appeal.
+Added: Discovery was stayed during the pendency of that motion to stay all proceedings and on August 20, 2024, the S.D.
+Added: Ohio denied FE’s motion and lifted the stay as to fact discovery.
+Added: On July 29, 2024, FE filed in the U.S.
+Added: Court of Appeals for the Sixth Circuit a Petition for Writ of Mandamus asking the Sixth Circuit to direct the district court to deny plaintiffs’ motion to compel disclosure of FE’s privileged internal investigation materials.
+Added: On September 11, 2024, FE filed in the U.S.
+Added: Court of Appeals for the Sixth Circuit a motion to stay discovery of the privileged internal investigation materials pending resolution of the Petition for Writ of Mandamus.
FE believes that it is probable that it will incur a loss in connection with the resolution of this lawsuit.
4 unchanged sentences
FirstEnergy Corp., et al.
−Removed: Ohio) on December 17, 2021 and February 21, 2022, purported stockholders of FE filed complaints against FE, certain current and former officers, and certain current and former officers of EH.
+Added: on December 17, 2021 and February 21, 2022, purported stockholders of FE filed complaints against FE, certain current and former officers, and certain current and former officers of EH.
The complaints allege that the defendants violated Sections 10(b) and 20(a) of the Exchange Act by issuing alleged misrepresentations or omissions regarding FE’s business and its results of operations, and seek the same relief as the In re FirstEnergy Corp.
Securities Litigation described above.
−Removed: All discovery is stayed during the pendency of the district court motion in In re FirstEnergy Corp.
−Removed: Securities Litigation described above.
FE believes that it is probable that it will incur losses in connection with the resolution of these lawsuits.
6 unchanged sentences
(Common Pleas Court, Franklin County, OH, all actions have been consolidated);
−Removed: on September 23, 2020 and October 27, 2020, the OAG and the cities of Cincinnati and Columbus, respectively, filed
−Removed: complaints against several parties including FE, each alleging civil violations of the Ohio Corrupt Activity Act and related claims in connection with the passage of HB 6.
+Added: on September 23, 2020 and October 27, 2020, the OAG and the cities of Cincinnati and Columbus, respectively, filed complaints against several parties including FE, each alleging civil violations of the Ohio Corrupt Activity Act and related claims in connection with the passage of HB 6.
On January 13, 2021, the OAG filed a motion for a temporary restraining order and preliminary injunction against FirstEnergy seeking to enjoin FirstEnergy from collecting the Ohio Companies' decoupling rider.
1 unchanged sentence
In connection with the partial settlement, the Ohio Companies filed an application on February 1, 2021, with the PUCO to set their respective decoupling riders (Conservation Support Rider) to zero.
−Removed: On February 2, 2021, the PUCO approved the application of the Ohio Companies setting the rider to zero, and no additional customer bills will include new decoupling rider charges after February 8, 2021.
+Added: On February 2, 2021, the PUCO approved the application of the Ohio Companies setting the rider to zero, and no additional customer bills included new decoupling rider charges after February 8, 2021.
On August 13, 2021, new defendants were added to the complaint, including two former officers of FirstEnergy.
On December 2, 2021, the cities and FE entered a stipulated dismissal with prejudice of the cities’ suit.
−Removed: After a stay, pending final resolution of the United States v.
+Added: This matter was stayed through a criminal trial in United States v.
Larry Householder, et al .
−Removed: criminal proceeding described above, the litigation has resumed pursuant to an order, dated March 15, 2023.
−Removed: Discovery is ongoing.
−Removed: On July 31, 2023, FE and other defendants filed motions to dismiss in part the OAG’s section amended complaint, which the OAG opposed.
+Added: described above, but resumed pursuant to an order, dated March 15, 2023.
+Added: On July 31, 2023, FE and other defendants filed motions to dismiss in part the OAG’s amended complaint, which the OAG opposed.
+Added: On February 16, 2024, the OAG moved to stay discovery in the case in light of the February 9, 2024, indictments against defendants in this action, which the court granted on March 14, 2024.
+Added: As described above, FE reached a settlement with the OAG of this civil action and the OOCIC investigation, which resolves this civil action.
+Added: FE recognized a loss contingency of $19.5 million in the second quarter of 2024, which was paid on August 16, 2024.
On February 9, 2022, FE, acting through the SLC, agreed to a settlement term sheet to resolve the following shareholder derivative lawsuits relating to HB 6 and the now former Ohio House Speaker Larry Householder and other individuals and entities allegedly affiliated with Mr.
7 unchanged sentences
on July 26, 2020 and July 31, 2020, respectively, purported stockholders of FE filed shareholder derivative action lawsuits against certain current and former FE directors and officers, alleging, among other things, breaches of fiduciary duty.
+Added: On August 30, 2022, the parties filed a joint motion to dismiss the state court action, which the court granted on September 2, 2022.
Anderson, et al.
+Added: on August 7, 2020, purported stockholders of FE filed shareholder derivative actions alleging the then FE Board and officers breached their fiduciary duties and committed violations of Section 14(a) of the Exchange Act.
+Added: On August 24, 2022, the parties filed a joint motion to dismiss the action pending in the N.D.
+Added: Ohio based upon the approval of the settlement by the S.D.
+Added: Ohio, which was granted on May 17, 2024.
• Bloom, et al.
11 unchanged sentences
Ohio, all actions have been consolidated);
−Removed: beginning on August 7, 2020, purported stockholders of FE filed shareholder derivative actions alleging the FE Board and officers breached their fiduciary duties and committed violations of Section 14(a) of the Exchange Act.
+Added: on September 1, 2020, purported stockholders of FE filed shareholder derivative actions alleging the then FE Board and officers breached their fiduciary duties and committed violations of Section 14(a) of the Exchange Act.
On March 11, 2022, the parties executed a stipulation and agreement of settlement, and filed a motion the same day requesting preliminary settlement approval in the S.D.
2 unchanged sentences
Subsequently, following a hearing on August 4, 2022, the S.D.
−Removed: Ohio granted final approval of the settlement on August 23, 2022.
−Removed: The settlement includes a series of corporate governance enhancements and a payment to FE of $180 million, to be paid by insurance after the judgment has become final, less approximately $36 million in court-ordered attorney’s fees awarded to plaintiffs.
−Removed: On September 20, 2022, a purported FE stockholder filed a motion for reconsideration of the S.D.
−Removed: Ohio’s final settlement approval.
−Removed: The parties filed oppositions to that motion on October 11, 2022, and the S.D.
−Removed: Ohio denied that motion on May 22, 2023.
−Removed: On June 15, 2023, the purported FE stockholder filed an appeal in the U.S.
−Removed: Court of Appeals for the Sixth Circuit.
−Removed: Ohio’s final settlement approval is affirmed by the U.S.
−Removed: Court of Appeals for the Sixth Circuit, the settlement agreement is expected to resolve fully these shareholder derivative lawsuits.
−Removed: On June 2, 2022, the N.D.
−Removed: Ohio entered an order to show cause why the court should not appoint new plaintiffs’ counsel, and thereafter, on June 10, 2022, the parties filed a joint motion to dismiss the matter without prejudice, which the N.D.
−Removed: Ohio denied on July 5, 2022.
−Removed: On August 15, 2022, the N.D.
−Removed: Ohio issued an order stating its intention to appoint one group of applicants as new plaintiffs’ counsel, and on August 22, 2022, the N.D.
−Removed: Ohio ordered that any objections to the appointment be submitted by August 26, 2022.
−Removed: The parties filed their objections by that deadline, and on September 2, 2022, the applicants responded to those objections.
−Removed: In the meantime, on August 25, 2022, a purported FE stockholder represented by the applicants filed a motion to intervene, attaching a proposed complaint-in-intervention purporting to assert claims that the FE Board and officers breached their fiduciary duties and committed violations of Section 14(a) of the Exchange Act as well as a claim against a third party for professional negligence and malpractice.
−Removed: The parties filed oppositions to that motion to intervene on September 8, 2022, and the proposed intervenor's reply in support of his motion to intervene was filed on September 22, 2022.
−Removed: On August 24, 2022, the parties filed a joint motion to dismiss the action pending in the N.D.
−Removed: Ohio based upon and in light of the approval of the settlement by the S.D.
−Removed: On August 30, 2022, the parties filed a joint motion to dismiss the state court action, which the court granted on September 2, 2022.
−Removed: On September 29, 2023, the N.D.
−Removed: Ohio issued a stay of the case pending the appeal in the U.S.
−Removed: Court of Appeals for the Sixth Circuit.
−Removed: In letters dated January 26, and February 22, 2021, staff of FERC's Division of Investigations notified FirstEnergy that the Division was conducting an investigation of FirstEnergy’s lobbying and governmental affairs activities concerning HB 6, and staff directed FirstEnergy to preserve and maintain all documents and information related to the same as such have been developed as part of an ongoing non-public audit being conducted by FERC's Division of Audits and Accounting.
−Removed: On December 30, 2022, FERC approved a Stipulation and Consent Agreement that resolves the investigation.
−Removed: The agreement includes a FirstEnergy admission of violating FERC’s “duty of candor” rule and related laws, and obligates FirstEnergy to pay a civil penalty of $3.86 million, and to submit two annual compliance monitoring reports to FERC’s Office of Enforcement regarding improvements to
−Removed: FirstEnergy’s compliance programs.
−Removed: FE paid the civil penalty on January 4, 2023 and it will not be recovered from customers.
−Removed: The first annual compliance monitoring report was submitted in December 2023.
+Added: Ohio granted final approval of the settlement on August 23, 2022, which was appealed by a purported FE stockholder on June 15, 2023.
+Added: Court of Appeals for the Sixth Circuit affirmed the district court’s final settlement approval.
+Added: All appeal options were exhausted on May 16, 2024.
+Added: The above settlement included a series of corporate governance enhancements and a payment to FE of $180 million, less approximately $36 million in court-ordered attorney’s fees awarded to plaintiffs, and a $7 million net return on deposited funds, which was received in the second quarter of 2024.
+Added: The judgment and settlement are final and, therefore, the derivative lawsuits are now fully resolved.
The outcome of any of these lawsuits, governmental investigations and audit is uncertain and could have a material adverse effect on FE’s or its subsidiaries’ reputation, business, financial condition, results of operations, liquidity, and cash flows.
4 unchanged sentences
FirstEnergy accrues legal liabilities only when it concludes that it is probable that it has an obligation for such costs and can reasonably estimate the amount of such costs.
−Removed: In cases where FirstEnergy determines that it is not probable, but reasonably possible that it has a material obligation, it discloses such obligations and the possible loss or range of loss if such estimate can be made.
+Added: In cases where FirstEnergy determines that it is not probable, but reasonably possible that it has a material obligation, it discloses such obligations and the possible loss or range of loss if such estimate can
If it were ultimately determined that FE or its subsidiaries have legal liability or are otherwise made subject to liability based on any of the matters referenced above, it could have a material adverse effect on FE’s or its subsidiaries’ financial condition, results of operations, and cash flows.
13 unchanged sentences
The accounting treatment for revenue recognition is based on the nature of the underlying transaction and applicable authoritative guidance.
−Removed: FirstEnergy accounts for revenues from contracts with customers under ASC 606, “Revenue from Contracts with Customers.” Revenue from financial instruments, derivatives, late payment charges and other contractual rights or obligations and other revenues that are not from contracts with customers are outside the scope of the standard and accounted for under other existing GAAP guidance.
+Added: FirstEnergy accounts for revenues from contracts with customers under ASC 606, “Revenue from Contracts with Customers.” Revenue from financial instruments, derivatives, late payment charges and other contractual rights or obligations and other revenues that are not from contracts with customers are outside the scope of the standard and accounted for under other existing GAAP.
Contracts with Customers
FirstEnergy follows the accrual method of accounting for revenues, recognizing revenue for electricity that has been delivered to customers but not yet billed through the end of the accounting period.
−Removed: The determination of Regulated Distribution segment electricity sales to individual customers is based on meter readings, which occur on a systematic basis throughout the month.
+Added: The determination of electricity sales to individual customers for the Electric Companies is based on meter readings, which occur on a systematic basis throughout the month.
At the end of each month, electricity delivered to customers since the last meter reading is estimated and a corresponding accrual for unbilled sales is recognized.
The determination of unbilled sales and revenues requires management to make estimates regarding electricity available for retail load, transmission and distribution line losses, demand by customer class, applicable billing demands, weather-related impacts, number of days unbilled and tariff rates in effect within each customer class.
−Removed: Regulated Transmission segment revenues are primarily derived from forward-looking formula rates.
+Added: Transmission revenues are primarily derived from forward-looking formula rates.
Forward-looking formula rates recover costs that the regulatory agencies determine are permitted to be recovered and provide a return on transmission capital investment.
4 unchanged sentences
Regulatory Accounting
−Removed: FirstEnergy’s Regulated Distribution and Regulated Transmission segments are subject to regulation that sets the prices (rates) the Utilities and the Transmission Companies are permitted to charge customers based on costs that the regulatory agencies determine are permitted to be recovered.
+Added: FE's subsidiaries are subject to regulation that sets the prices (rates) the Electric Companies and the Transmission Companies are permitted to charge customers based on costs that the regulatory agencies determine are permitted to be recovered.
At times, regulatory agencies permit the future recovery of costs that would be currently charged to expense by an unregulated company.
2 unchanged sentences
Factors that may affect probability include changes in the regulatory environment, issuance of a regulatory commission order, or passage of new legislation.
−Removed: Upon material changes to these factors, where applicable, FirstEnergy will record new regulatory assets or liabilities and will assess whether it is probable that currently recorded regulatory assets and liabilities will be recovered or settled in future rates.
+Added: Upon material changes to these factors, where applicable, FirstEnergy will record new regulatory assets or liabilities and will assess whether it is probable that currently
+Added: recorded regulatory assets and liabilities will be recovered or settled in future rates.
If recovery of a regulatory asset is no longer probable, FirstEnergy will write off that regulatory asset as a charge against earnings.
3 unchanged sentences
FirstEnergy provides noncontributory qualified defined benefit pension plans that cover substantially all of its employees and non-qualified pension plans that cover certain employees.
−Removed: FirstEnergy provides a modest amount of noncontributory life insurance to retired employees in addition to optional contributory insurance.
+Added: FirstEnergy provides a modest amount of noncontributory life insurance to retired employees in addition to optional contributory insurance to a closed group of retired employees.
Health care benefits, which include certain employee contributions, deductibles and co-payments, are also available upon retirement to certain employees, their dependents and, under certain circumstances, their survivors.
19 unchanged sentences
Total $ (54) $ 17 $ (401)
−Removed: The annual pre-tax pension and OPEB mark-to-market adjustments, (gains) or losses, for the years ended December 31, 2023, 2022, and 2021 were $78 million, $(72) million and $(382) million, respectively.
−Removed: FirstEnergy expects its 2024 pre-tax net periodic benefit credit including amounts capitalized (excluding mark-to-market adjustments) to be approximately $3 million based upon the following assumptions:
+Added: The annual pre-tax pension and OPEB mark-to-market adjustment, (gains) or losses, for the years ended December 31, 2024, 2023, and 2022 were $22 million, $78 million and $(72) million, respectively.
+Added: FirstEnergy expects its 2025 pre-tax net periodic expense, including amounts capitalized and the impact of the 2025 lift-out transaction described below (excluding any potential mark-to-market adjustments) to be approximately $29 million based upon the following assumptions:
Assumption Pension OPEB
40 unchanged sentences
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.