By Tyson Slocum
Today in Federal Energy Regulatory Commission docket EC23-112, we filed an Additional Protest of Elliott Management’s effort to control NRG Energy.
Public Citizen requests that the Commission:
- Condition any approval under Section 203 a prohibition of Elliott Management executives serving simultaneously on the board of directors of both NRG Energy and Peabody Energy, as it violates federal law and therefore the public interest.
- Determine whether Elliott Management’s use of derivatives to acquire more than 10% of the economic interest of NRG Energy as early as May 2023 resulted in Elliott Management being deemed an affiliate of NRG Energy, per 18 CFR § 35.36(a)(9).
- Compel the disclosure of the derivative contracts and identification of counterparties of all derivatives utilized by Elliott Management to obtain economic interest in NRG Energy.
Read the full, 5 page filing here: ElliottNRGProtest2