Regulatory proceedings have big impacts on how much Ohioans pay for their electric service. How would you decide some of Ohio’s cases on electricity rates? Eye on Ohio, in a joint project with the Energy News Network, surveyed the biggest changes to the recent legal landscape. Each of the following problems is drawn from a real case decided by the Public Utilities Commission of Ohio or the Ohio Supreme Court.
The PUCO’s five commissioners are appointed by the governor for rotating five-year terms, while the court’s seven justices are elected. As of May, five of the seven justices on the court were registered Republicans, and two were Democrats.
One year into his first term, Ohio’s top utility regulator, Samuel Randazzo, has signaled that winning approval to build and operate wind and solar projects in the state could be even more difficult in the future. At the Public Utilities Commission of Ohio and the Ohio Power Siting Board, which Randazzo also chairs, recent decisions have blocked a new solar development and imposed new restrictions on wind energy — moves consistent with Randazzo’s longtime criticism of renewables as a registered lobbyist and lawyer representing heavy industry before the utilities commission. Also, the commission is now defending Ohio’s decision to subsidize coal and nuclear power plants in a filing before the Federal Energy Regulatory Commission — an about-face from its stance in 2017 opposing a federal bailout of old coal and nuclear plants.
Gov. Mike DeWine’s 2019 appointment of Randazzo, a veteran energy lawyer and lobbyist, followed a rapid and opaque approval process that overlooked two of Randazzo’s ongoing small consulting companies, both of which have done business with FirstEnergy subsidiary FirstEnergy Solutions, (now Energy Harbor) federal bankruptcy records show.
Randazzo declined an interview request to comment on the companies or to elucidate what he sees as the PUCO’s mission.
Ohio Consumers’ Counsel Bruce Weston, the state’s voice for residential utility consumers, has been pushing to reform the nomination process for the PUCO, noting that the majority of commission members are either former employees of power companies or have represented them.
And while Randazzo has not always been at odds with consumer advocates, his long opposition to renewable energy is making its mark in Ohio regulatory decisions. Sam Randazzo (Photo Credit: the Public Utilities Commission of Ohio)
A long hostility to clean energy
Randazzo told state lawmakers during his 2019 confirmation hearing that as a commissioner he would have no view for or against any particular technology — despite a pattern of publicly criticizing renewable energy.
As chair of the Public Utilities Commission, he testified before lawmakers last year on Ohio House Bill 6, which authorized subsidies for nuclear and coal generation but basically gutted the state’s renewable energy and energy efficiency standards. His comments stressed the cost of the standards but not their benefits.