Constellation Merger Set for Hearing

Fortnightly Magazine - October 1 1996
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A divided Federal Energy Regulatory Commission (FERC) has set for expedited hearing the proposed merger between Baltimore Gas and Electric Co. (BGE) and Potomac Electric Power Co. (PEPCO) to form "Constellation Energy Corp.," to determine its effect on competition (Docket Nos. EC96-10-000 and ER96-784-000).

It will also consider the applicants' proposed open-access transmission rates. An administrative law judge will certify the record to the FERC by November 1.

In its preliminary analysis, the FERC found enough concentration of market power in electric generation to signify potential competitive concerns. Commissioners Vicky A. Bailey and Donald F.

Santa, Jr. dissented. t

Lori A. Burkhart is an associate legal editor of PUBLIC UTILITIES FORTNIGHTLY.

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