The Pennsylvania Public Utility Commission approved modifications to a proposed settlement with FirstEnergy Pennsylvania Electric Company (FirstEnergy PA). The Commission doubled financial penalties after determining that the original agreement was inadequate in light of a December 2021 incident involving the improper termination of electric service during the PUC’s winter moratorium.
The case involves the termination of electric service to a Westmoreland County residence during a period when additional consumer protections are in place for income-eligible households. Service was shut off on Dec. 14, 2021. Three days later, resident Melissa Gourley died in the home while the electric service remained off.
As modified by the Commission’s action, FirstEnergy PA will:
- Pay a $60,000 civil penalty, which will not be passed on to customers and will not be tax deductible.
- Contribute $30,000 to the Dollar Energy Fund to support customer assistance programs. This contribution will not be passed on to customers and will not be tax deductible.
- Enhance Advanced Move-In Process (AMIP) training, including standalone Pennsylvania credit training for agents and mandatory seasonal refresher training to reinforce procedures that help customers avoid termination, such as installment plans, low-income assistance, and medical certifications. Winter training will specifically address protections available under the winter moratorium.
- Retain customer income information for two years, allowing low-income indicators to remain active on customer accounts longer and providing additional protection for vulnerable households facing potential service termination.
The Commission voted 5-0 to adopt a motion by Chairman Steve DeFrank and Commissioner Ralph V. Yanora modifying an earlier settlement proposed between the PUC’s independent Bureau of Investigation and Enforcement (I&E) and FirstEnergy PA. The Commission concluded that stronger penalties were warranted given the company’s failure to follow procedures designed to protect vulnerable customers.
“Given the seriousness of the company’s failure to inform this customer of available options that may have prevented termination — and the tragic consequences that followed — we believe it is appropriate and in the public interest to increase both the civil penalty and the required hardship fund contribution,” said Chairman DeFrank and Commissioner Yanora.
I&E’s formal complaint alleges that on Dec. 14, 2021, the former West Penn Power Company (West Penn), a FirstEnergy subsidiary operating in Pennsylvania, terminated electric service to a residence in the Borough of Vandergrift without first determining whether the customer’s household income was at or below 250% of the federal poverty level — a key threshold for winter termination protections under PUC regulations.
The complaint also alleges that during a customer call on Nov. 15, 2021, company representatives failed to fully inform the customer about available assistance options, including the utility’s Customer Assistance Program, and did not adequately explain medical emergency procedures that could have delayed termination.
