FE · 10-Q · 2026Q1 · Full report
EmPOWER Maryland Program Budget and Legal Update
FIRSTENERGY CORP · 2026-04-28 · Importance 58 · Surprise 42
PE’s EmPOWER Maryland program had three scenarios filed with projected three-year costs of $311 million, $354 million and $510 million; the MDPSC approved the $311 million scenario on December 29, 2023 and later approved a revised $314 million plan on December 27, 2024 for the 2024–2026 cycle. The program recovery mechanism is a surcharge with carrying costs on unamortized balances and certain costs recoverable over five years; PE is required to expense 100% of EmPOWER Maryland program costs in 2026 and beyond, with previously unamortized costs to be collected by end of 2030. Legislation effective July 1, 2024 is expected to reduce carrying costs on the EmPOWER unamortized balances by $25 to $30 million over 2024–2030, and PE has pursued judicial review of elements of the law with briefs filed through January 21, 2026.
Key facts
- On December 29, 2023, the MDPSC approved the $311 million EmPOWER Maryland scenario for most programs with some modifications.
- On August 15, 2024, PE filed a revised EmPOWER Maryland plan for the remainder of the 2024-2026 cycle with a total budget of $314 million, which the MDPSC approved on December 27, 2024.
- On August 1, 2023 PE filed its proposed EmPOWER Maryland plan for the 2024-2026 cycle and later submitted three scenarios with projected costs of $311 million, $354 million, and $510 million over a three-year cycle.
- Legislation effective July 1, 2024 is expected to reduce carrying costs on PE’s EmPOWER Maryland unamortized balances by a total of $25 to $30 million over 2024-2030.
- On August 6, 2025, the Circuit Court for Washington County, Maryland issued an order granting PE’s petition and finding the legislature may not change terms to apply retroactively to monies already expended; MDPSC and Maryland Office of People’s Counsel appealed, and Appellate Court denied Attorney General's unopposed motion to intervene on November 14, 2025; the Attorney General filed an amicus curiae brief on December 30, 2025; PE's response brief was filed on January 21, 2026.
Impact estimates
| metric | direction | stage | expected | basis |
|---|---|---|---|---|
| operating_income | positive | committed | +0.6% | Legislation effective July 1, 2024 is expected to reduce carrying costs on PE’s EmPOWER Maryland unamortized balances by a total of $25 to… |
| operating_income | unclear | realized | — | On December 29, 2023, the MDPSC approved the $311 million EmPOWER Maryland scenario for most programs with some modifications. |
| liability | positive | contingent | — | On August 6, 2025, the Circuit Court for Washington County, Maryland issued an order granting PE’s petition and finding the legislature… |