COLUMBUS, Ohio — Two former lobbyists for FirstEnergy invoked their constitutional rights against self-incrimination under the Fifth Amendment during back-to-back days of depositions this week in Columbus, part of a state regulatory investigation by the Public Utilities Commission of Ohio.
3News Investigates is continuing to follow the developments into what is considered the largest bribery scandal in Ohio history, stemming from the corrupt legislation known as House Bill 6, the $1.3 billion bailout of FirstEnergy's nuclear plants.
The Ohio Consumers' Counsel, the state's utility watchdog agency, has sought the depositions of ex-FirstEnergy lobbyists and executives involved in the HB 6 scandal for years. However, both deponents — Joel Bailey, a former state and federal lobbyist; and Justin Biltz, FirstEnergy's former director of state and regulatory affairs — refused to answer almost every question posed by OCC attorney Donald Kral by invoking the Fifth Amendment.
Still, Kral proceeded to ask hundreds of questions about Bailey and Biltz's involvement in FirstEnergy's campaign to spend millions of dollars in bribes to ensure the passage of HB 6 in 2019 along with favorable regulatory decisions.
Former Ohio House Speaker Larry Householder was sentenced to 20 years in federal prison in 2023 for spearheading the scheme to receive $60 million in FirstEnergy bribes. Meanwhile, former FirstEnergy executives Chuck Jones and Michael Dowling are awaiting trial on state bribery charges for allegedly funneling the millions to Householder and another $4.3 million in bribes to Sam Randazzo, in the months before Ohio Gov. Mike DeWine appointed Randazzo as PUCO chairman. Randazzo died by suicide shortly after his indictment on state charges earlier this year.
The OCC is seeking an order from the Franklin County Court of Common Pleas to force the ex-FirstEnergy employees to testify, citing a 1950 Ohio law, R.C. 4903.08, which provides broad immunity from prosecution relating to violations of Ohio law from any transaction or matter testified to by the witness before the PUCO.
"Ohio law is clear, no one shall be excused from testifying before the public utilities commission on the grounds that the testimony might incriminate them," Maureen Willis, Agency Director of the Office of the Ohio Consumers' Counsel, wrote in a statement to 3News Investigates. "The PUCO should enforce that law. Consumers deserve answers."
However, attorneys for Bailey and Biltz argued the law would not protect their clients from possible federal prosecution. More depositions are scheduled for next week, however a court ruling is not expected before then.
The OCC is calling for a $53 million fine and reduced profits for FirstEnergy. It estimates that the cost of HB 6 to Ohio consumers for power plant subsidies is nearing $400 million, or about $500,000 per day.