About

Important information

• Additional Info:

  Vistra Corp., headquartered in Irving, TX began business in March 2016 acquires Energy Harbor in March 2024.  Vistra Corp. is keeping Energy Harbor brand name and location locations open. For more information about Vistra Corp, please click here.  
• Pending Government Action:

  Government Action: BBB reports on known government actions involving business’ marketplace conduct:

  State of Ohio, ex rel. Dave Yost vs. FirstEnergy Corp., No. 20 CV 006281
  

  The following describes a pending government action that has been formally brought by a government agency but has not yet been resolved. We are providing a summary of the government’s allegations, which have not yet been proven.

  On September 23, 2020, the State of Ohio ex rel. Dave Yost, Ohio Attorney General, filed case No. 20 CV 006281, in the Court of Common Pleas, Franklin County, Ohio.  The Primary Action sets out a corrupt enterprise claim under Ohio Revised Code §2923.32 and §2923.34 alleging major utility players and various political actors acted in concert to create Ohio House Bill 6, which includes a monthly charge to every ratepayer called a "nuclear generation fee."

  The defendants named in the case are: FirstEnergy Corp.; FirstEnergy Service Company; FirstEnergy Solutions Corp.; Energy Harbor Corp.; Larry Householder; Friends of Larry Householder; Generation Now, Inc.; Jeff Longstreth; JPL & Associates LLC; Constant Content Co.; Neil Clark; Matt Borges; 17 Consulting Group LLC; and Juan Cespedes.

  Some of the requests made of the court by Ohio Attorney General are: that the court revoke/nullify any application filed by any defendant to the Ohio Air Quality Development Authority; prevent parties from receiving monetary benefit, supplement, credit or offset through H.B. 6 of the 133rd Ohio General Assembly; each defendant entity and nonprofit be dissolved or reorganized to remove those involved; defendants be enjoined from engaging in all lobbying activities for eight years; and defendants ordered to pay damages.

  The federal criminal case which was stalling the state civil case herein is now resolved.  Criminal defendant Jeffery Longstreth entered a guilty plea on October 29, 2020; criminal defendant Juan Cespedes entered a guilty plea on October 29, 2020; criminal defendant Generation Now entered a guilty plea on February 5, 2021; criminal defendant Neil Clark is deceased and this Page 2 charges against him were dismissed on June 10, 2021; criminal defendant Matt Borges was found guilty on March 9, 2023; and criminal defendant Larry Householder was found guilty on March 9, 2023.  See, various docket entries, USA v. Householder et al., Case No. 1:20-cr-00077-TSB (S.D. Ohio) Because all federal criminal defendants have had their respective charges resolved, the underlying terms of the original stay in this case are satisfied and the stay is no longer warranted. 

  March 9, 2023 In sum, the reason for staying these proceedings, i.e., criminal trial of Householder and others, has now concluded.  Moreover, FirstEnergy has resolved any potential criminal exposure.  Additionally, FirstEnergy, and other defendants, have already turned over hundreds of thousands of documents in other civil litigation to which the State has been prevented from accessing.  Saliently, FirstEnergy and other defendants, continue to actively engage in discovery in cases which have not settled or been resolved.  Lastly, Energy Harbor has been sold and should not be allowed additional time to create corporate layers to hide the underlying conduct at issue here.  For these reasons, this Court should lift the stay in this case and allow this matter to move forward.

  For more details, consumers can read the court document or contact the Franklin County Clerk of Courts.

  Click here for details