Lawmakers debate one-year delay on controversial energy law rather than repeal

State lawmakers are considering pausing for a year an energy law at the center of an alleged $60-million bribery case rather than repealing it.

More than 4.5 million ratepayers across Ohio are scheduled to start paying new fees Jan. 1 that will deliver $150 million a year to subsidize two nuclear power plants owned by Akron-based Energy Harbor. Those fees and other provisions are part of House Bill 6, which was signed into law by Gov. Mike DeWine in July 2019.

But in July 2020, FBI agents arrested then Ohio House speaker Larry Householder, R-Glenford, and four associates. Prosecutors alleged that utility companies funneled more than $60 million into groups that don’t have to disclose donors to position Householder to become speaker and he in turn helped pass HB6.

The Republican-controlled Ohio House has so far resisted calls to repeal the law. Instead, this week lawmakers began debate on a bill that would delay the nuclear plant subsidies by a year.

“It’ll give us even more time to look at this and find out if they really do need the money,” said state Rep. Jim Hoops, R-Napoleon, sponsor of the new bill. He added, “I’d like to see nuclear power to continue here in Ohio and save 4,000 jobs.”

House Bill 798, which Hoops hopes will get a floor vote next week, would delay collection of the nuclear power plant subsidies by a year; eliminate decoupling revenues that would benefit Akron-based FirstEnergy Corp.; continue fees earmarked for two coal-fired plants owned by the Ohio Valley Electric Corp.; and eliminate an excess earnings test that benefits FirstEnergy and was included in the state budget bill.

Ohio Citizen Action Executive Director Rachael Belz said in a written statement: “Delaying the collection of nuclear and solar subsidies for a year does little more than kick the can down the road for Ohio consumers. If the legislature can acknowledge that House Bill 6 is so flawed that implementation should be on hold for a year, they should finally demonstrate the leadership we are all waiting for and repeal House Bill 6 outright before the end of session.”

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