Columbus Office: Committees:

(614)466-3485 Financial Institutions

Public Utilities
Rep15@ohiohouse.gov
Ways & Means
District: Civil Justice
Parts of Cuyahoga County

Jeffrey A. Crossman
State Representative
15th House District

August 25, 2021

PUCO Chair Jenifer French

180 E Broad St
Columbus, OH 43215

Re: Request for Independent Investigation, Referral of Bar Complaint, and Public
Disclosure of Documents
Dear Chair French,
I wanted to follow up on our recent discussion on August 19th. I appreciate you taking the time to
meet with me and share your thoughts on how we can begin to restore Ohioans’ faith in the work the
PUCO is doing to regulate Ohio’s utilities. Based on our discussion, I believe we agree that it is critically
important to try and repair the damage done due to recent revelations of former Chair Sam Randazzo’s
disreputable and likely illegal conduct in connection with what has been described as the largest public
corruption scheme in Ohio history—the billion-dollar nuclear bailout scandal (HB6).
I. Need For Independent Investigation
While Sam Randazzo professed to be “transparent,” it is obvious now that was not the case. I
hope that your tenure will demonstrate a stronger commitment to public disclosure and accountability of
PUCO conduct. For starters, the public deserves to know how much FirstEnergy directed Randazzo’s
activities during his tenure as PUCO chair, especially since FirstEnergy admitted in Federal court that
Randazzo had been paid to do FirstEnergy’s bidding, while Randazzo was serving as PUCO chair. If the
PUCO has not yet conducted its own investigation into Randazzo’s conduct during this period, it must
retain an independent investigator to do so immediately, following this independent investigation, the
findings and recommendations must be promptly shared with the public. While it is noteworthy that the
PUCO has begun investigations of certain categories of issues, Randazzo’s conduct at FirstEnergy’s
behest is not among the investigations listed as being undertaken nor are any of these investigations
independent—they are internal reviews. Anything short of an independent investigation will fails to
provide sufficient assurances that this type of corruption scandal will not be repeated in the future at the
PUCO.1
II. Review Of Sam Randazzo’s Conduct And Possible Professional Discipline
Furthermore, it appears that Randazzo, an attorney licensed in Ohio, may have violated his
professional ethical duties under the Ohio Rules of Professional Conduct. If FirstEnergy’s admissions are
factually accurate, Randazzo’s activities on FirstEnergy’s behalf appears to have been in direct conflict
with his role as Ohio’s chief utility regulator and likely in violation of his ethical duties as a licensed
attorney in Ohio. Consequently, I am urging you to personally file a complaint with the Office of
Disciplinary Counsel of the Supreme Court of Ohio to begin the investigation process into whether
professional discipline is warranted in Sam Randazzo’s case. To my knowledge, this has not yet been
done but must if the PUCO is in possession of evidence confirming FirstEnergy’s admissions.
III. Request For Documentation
Equally important is for the PUCO to divulge all of its documents of public interest related to House
Bill 6 and other projects Randazzo personally involved himself with. This is why I am requesting that
PUCO begin by providing the following documents to my office:

 Any documents reflecting the PUCO’s investigation into former Chairman Sam Randazzo’s
conduct and/or conflicts of interest during his tenure as PUCO Chair.

 Documentation of any communication between FirstEnergy (and any of its agents, lobbyists,
attorneys, etc.) and Randazzo regarding the proposed wind turbine project in Lake Erie captioned
as Case Number 16-1871-EL-BGN (the “Ice Breaker” project).

 Documentation of any communication (including emails, text messages, documentation of any

phone calls, etc.) between Randazzo and members of the OPSB regarding the Ice Breaker project.

 Documentation of any communication between Chair Randazzo and Governor DeWine regarding
House Bill 6 (133rd General Assembly), FirstEnergy, and the “Ice Breaker” Project.

 Reports related to any internal PUCO investigations into Chair Randazzo’s conduct during his
tenure including the possibility of conflicts of interest.
While we expect that you will provide these documents expeditiously as a courtesy to an elected
Representative in the Ohio General Assembly, we also ask that you consider this request a public-records
request pursuant to Ohio R.C. Sections 149.43 to 149.44 and hereby request the your office provide the
public records within ten (10) business days from the date of this letter and that you produce the records
in electronic form. If you choose to deny this request, please provide a detailed, written explanation for
the denial including a reference to the specific legal authority upon which you rely. Also, please provide
all segregable portions of materials otherwise claimed to be exempt from disclosure.

1
The internal investigations described on the PUCO’s website, (1) Political & Charitable Spending, (2) Corporate
Separation, (3) Distribution & Modernization Riders, and (4) Delivery Capital Recovery Rider should all be
consolidated into one independent investigation of the PUCO’s activities under Randazzo.

https://puco.ohio.gov/wps/portal/gov/puco/utilities/electricity/resources/hb-6-related-investigations
 I look forward to working with you to get the truth to the public. Ohioans deserve to expect that
their government is working for them and this is a step in that direction. I thank you in advance for your
prompt response to the requests in this correspondence.
Sincerely,

Jeffrey A. Crossman
State Representative
Ohio House District 15