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PUC increases penalties in FirstEnergy case tied to winter shutoff death

2 min read

From staff reports

HARRISBURG -- The Pennsylvania Public Utility Commission has approved increased penalties against FirstEnergy Pennsylvania Electric Company following a 2021 incident in which electric service was improperly shut off at a Westmoreland County home.

The commission voted 5-0 to modify a proposed settlement, doubling financial penalties after determining the original agreement did not adequately reflect the seriousness of the case.

The incident occurred Dec. 14, 2021, when service was terminated at a residence in Vandergrift during the PUC's winter moratorium, which provides additional protections for income-eligible households. Three days later, resident Melissa Gourley died in the home while power remained off.

Commissioners said the company failed to follow required procedures, including properly informing the customer of assistance programs that could have prevented the shutoff.

"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 Steve DeFrank and Commissioner Ralph V. Yanora in a joint statement.

According to the PUC's Bureau of Investigation and Enforcement, the utility -- through its subsidiary West Penn Power -- terminated service without determining whether the household met income thresholds for winter protections. Investigators also found that company representatives did not fully explain available assistance programs or medical emergency procedures during a prior customer call.

Under the modified settlement, FirstEnergy will pay a $60,000 civil penalty and contribute $30,000 to the Dollar Energy Fund to support customer assistance programs. Officials said the costs will not be passed on to customers.

The agreement also requires the company to enhance employee training on customer protections, including winter moratorium rules, and to retain customer income information longer to help identify households eligible for assistance.

PUC officials said the case underscores the importance of utilities complying with regulations designed to protect vulnerable customers, particularly during winter months.

Starting at /week.