Key Insights:
- American Electric Power (AEP), FirstEnergy, and other utility companies in Ohio could gain ownership of nuclear power plants through a new bill introduced in the Ohio House.
- The proposed House Bill 862 limits the costs of a nuclear plant to those customers who agree to buy its output through long-term contracts.
- The Ohio Manufacturers’ Association recently criticized the bill, claiming it revives a controversial past that favors monopoly utilities while placing financial risks on consumers.
Detailed Overview:
AEP, based in Columbus, is currently looking into developing small modular nuclear projects in Indiana and Virginia, both of which are rapidly expanding in data center development. AEP’s CEO, William Fehrman, highlighted during a recent earnings call that they are evaluating multiple sites to explore how nuclear energy can effectively support growing energy demands. He emphasized the need for strong financial protections and significant regulatory engagement for any nuclear investments.
House Bill 862, sponsored by two Republican lawmakers, could pave the way for AEP’s plans. To proceed with a nuclear project, the Public Utilities Commission of Ohio (PUCO) would need to approve financing and ratemaking orders. A project must also be backed by at least one retail agreement with a customer or group of customers, lasting a minimum of 20 years.
The PUCO would also need to determine that these nuclear projects are necessary for enhancing Ohio’s energy independence and ensuring reliable power supplies. If approved, utilities would be able to recover construction costs from designated customers, while also including project costs in their rate base.
Additionally, under certain conditions, the nuclear plant would remain within the utility’s rate base once contracts expire, as long as its power remains competitively priced. If the electricity generated is more expensive than market rates, customers would pay the market price instead.
The bill stipulates that the PUCO has 360 days to review any application, and its silence could result in an automatic approval. Similarly, the Ohio Power Siting Board would have 150 days to approve construction permits for nuclear projects that are federally or state-financed, with stringent stipulations for extensions.
Ohio is also backing nuclear development through a $100 million initiative aimed at job creation and supporting nuclear infrastructure. However, the Ohio Manufacturers’ Association opposes the bill, arguing that it is more focused on utility ownership rather than genuine nuclear development. They contend that the proposal reinforces a model that has caused issues in the past.
AEP Ohio is currently assessing the impacts of the bill, especially as rising electricity generation costs have led to significant increases in customers’ bills over the past five years. A utility representative stated that allowing companies like AEP to build new power plants could create jobs and attract other industries to Ohio.

