Ten AGs Filed Comments Opposing FirstEnergy Emergency Order

MAY 9, 2018

Massachusetts Attorney General Maura Healey led a coalition of ten attorneys general in filing comments with the Energy Department warning Energy Secretary Rick Perry that he cannot invoke emergency powers under the Federal Power Act (FPA) to prop up failing power plants. FirstEnergy Solutions asked the Energy Department to declare a grid “emergency” under Section 202(c) of the FPA, based on anticipated retirements of non-competitive power plants in the region. In their comments, the attorneys general emphasized that FirstEnergy’s requested order would “undermine competitive regional power markets, burden customers with excessive costs, undercut state energy laws and policies, and exacerbate pollution and public health harms.”