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Third ex-FirstEnergy lobbyist blocks hundreds of questions in bribery investigation
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Third ex-FirstEnergy lobbyist blocks hundreds of questions in bribery investigation

COLUMBUS, Ohio — An ex-FirstEnergy lobbyist refused to answer hundreds of questions under oath Wednesday in a regulatory investigation into the company’s scandal-plagued lobbying campaign for a 2019 nuclear bailout, making him the third of the company’s government employees to invokes his rights against self-incrimination.

Ty Pine, who worked for the company from 2010 to 2021, including as director of state affairs in Ohio, stopped a prosecutor in a statement about a long-running bribery scandal that has roiled the state government.

The regulatory investigation at the Ohio Public Utilities Commission had been on hold for 18 months while criminal investigations into the legislation of House Bill 6, 2019, which provided a $1.3 billion bailout for two nuclear power plants then owned by a subsidiary of FirstEnergy, were continued and a “decoupling” was created. mechanism that makes the company worth tens of millions annually.

The bill’s passage set off a tsunami of criminal, civil and regulatory investigations into a massive bribery campaign in which FirstEnergy admitted to targeting both ex-Ohio House Speaker Larry Householder and former Public Utilities Commission of Ohio Chairman Sam Randazzo , having paid millions of dollars. . So far, two men have been convicted (including Householder), two more have pleaded guilty, two are awaiting trial, and two more (including Randazzo) have died by suicide before trial.

Earlier this year, the PUCO investigations were restarted, prompting subpoenas for depositions by a handful of former FirstEnergy executives.

Donald Kral, an attorney with Ohio Consumers’ Counsel, asked Pine about a series of texts and emails dating back to 2017. They show Pine organizing meetings with Householder on bailout legislation, and follow conversations showing that FirstEnergy millions through secret ‘dark money’. nonprofits, providing lobbying updates on HB6, included in group texts bragging about its passage, and more.

“Ty Pine has something to deliver to you,” Mike Dowling, former senior vice president of external affairs for FirstEnergy and one of two executives awaiting trial, texted Householder in November 2019 after House Bill 6 passed and an attempt to repeat it failed. ‘I understand you will see him tomorrow evening (Wednesday). Okay?”

“Okay, thanks,” Householder responded.

Evidence from Householder’s criminal trial shows that Pine had regular contact with Householder, who was sentenced to 20 years for taking bribes in exchange for leading FirstEnergy’s legislative efforts.

Little is known about Pine’s departure from FirstEnergy. Pine’s attorney, John Mitchell, indicated in the statement that Pine had entered into a confidentiality agreement with the company in connection with his ouster. Pine declined to say where he currently works. He has not registered as a lobbyist in the state since 2021.

State law prohibits witnesses subpoenaed in PUCO investigations from refusing to testify due to concerns about self-incrimination. In return, however, it prohibits the state from prosecuting them over the content of their testimony. But Pine’s attorney said in a filing that this immunity does not prevent the federal government from filing charges. He said the OCC should obtain a court order compelling Pine to testify, which would protect him from federal charges and allow for more substantive testimony.

So far, Joel Bailey, Justin Biltz and Pine have all appeared for depositions, but have answered virtually none of the hundreds of questions asked. Several other business leaders will appear this month and next. However, the OCC has rescinded a director’s threatening statement after prosecutors raised concerns about offering her immunity, a signal that criminal charges against her are being considered.

State attorneys have filed charges against former FirstEnergy CEO Chuck Jones and Dowling. Court records show that during the pre-trial evidence exchange, the state prepared a document entitled “Court Filing – Pine Immunity,” but neither side has commented on whether Pine signed an immunity agreement.

Jake Zuckerman covers state politics and policy for Cleveland.com and The Plain Dealer.