UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 DIVISION OF CORPORATION FINANCE March 8, 2013 Lucas F. Torres Akin Gump Strauss Hauer & Feld LLP
[email protected] Re: FirstEnergy Corp. Incoming letter dated January 11, 2013 Dear Mr. Torres: This is in response to your letter dated January 11, 2013 concerning the shareholder proposal submitted to FirstEnergy by the New York State Common Retirement Fund. We also have received a letter on the proponent's behalfdated February 12, 3013. Copies ofall ofthe correspondence on which this response is based will be made available on our website at http://www.sec.gov/divisions/corpfin/cf noaction/14a-8.shtml. For your reference, a brief discussion ofthe Division's informal procedures regarding shareholder proposals is also available at the same website address. Sincerely, TedYu Senior Special Counsel Enclosure cc: Sanford J. Lewis
[email protected] March 8, 2013 Response ofthe Office of Chief Counsel Division of Corporation Finance Re: FirstEnergy Corp. Incoming letter dated January 11, 2013 The proposal requests a report on actions that FirstEnergy is taking or could take to reduce risk throughout its energy portfolio by "diversifying the company's energy resources to include increased energy efficiency and renewable energy resources". There appears to be some basis for your view that FirstEnergy may exclude the proposal under rule 14a-8(i)(7), as relating to FirstEnergy's ordinary business operations. Proposals that concern a company's choice oftechnologies for use in its operations are generally excludable under rule 14a-8(i)(7). Accordingly, we will not recommend enforcement action to the Commission ifFirstEnergy omits the proposal from its proxy materials in reliance on rule 14a-8(i)(7).