What’s next for the bankruptcy case
FirstEnergy Solutions – the FirstEnergy unit that owns and operates power plants and sells power to customers in the competitive market – filed for bankruptcy in the spring.
The bankruptcy court recently approved a settlement requiring FirstEnergy Corp. to pay $850 million in cash and notes into the pot for the creditors of FirstEnergy Solutions. In exchange, FirstEnergy Corp. will be relieved of further liability to the creditors. The settlement led FirstEnergy to recently report a $512 million loss in its third quarter –another example of how FirstEnergy Corp.’s heavy bet on coal and nuclear has been dragging it down for years.
The bankruptcy judge also allowed FirstEnergy Solutions to cancel its contracts to buy power from two old coal plants. We hope this leads to closing the uneconomic plants, which should have occurred a long time ago.
FirstEnergy Solutions is also trying to cancel contracts to buy coal from Murray Energy. The bankruptcy judge rejected the company’s initial bid to cancel these contracts because FirstEnergy Solutions tried to retain some of the benefits from the contracts – namely, requiring Murray Energy to continue cleaning up coal waste. The judge said the company may re-file its request to cancel the contracts if it’s willing to give up the benefits.
The focus of the bankruptcy case will now shift to developing a plan for paying the company’s liabilities. We will use our best efforts to make sure that FirstEnergy takes responsibility for cleaning up its mess – literally (hazardous waste from the company’s coal and nuclear plants) and figuratively.
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