March 31, 2006
Public utility follies in Maryland

Hoo-boy! First the Maryland General Assembly directs Wal-Mart to follow its wishes as to employee health benefits, now it's getting into the business of merger "review." Yesterday the Legislature passed a bill designed to derail the proposed merger of Constellation Energy and FPL Group. Constellation is, among other things, the parent of Baltimore Gas & Electric (BGE). According to the Washington Times, the merger "does not figure in BGE's 72 percent rate increase, which is expected to jolt the utility's 1.1 million customers beginning July 1.

But lawmakers, most of whom are seeking re-election, have threatened to delay the merger to persuade utility executives to lower the increase. The bill would establish a special counsel who would review utility mergers and report to lawmakers, thereby delaying the merger by at least a year."

The governor is considering whether to veto the bill.

The combined Constellation-FPL, according to the firms' press release, would have annual revenues of $27 billion, $57 billion in total assets, and a market cap (based on current market values) of $28 billion -- "the nation's largest competitive energy supplier and its second-largest electric utility portfolio." The reach of the new company would extend well beyond Maryland and Florida customers. Specifically:

"Its competitive wholesale and retail businesses will serve thousands of commercial, industrial and utility customers, including 72 of the FORTUNE 100 companies. Its generation portfolio will be the nation's largest, exceeding 45,000 megawatts of capacity. It will be the third-largest nuclear plant operator in the United States, owning and operating seven nuclear power stations with eleven units, including FPL Group's pending acquisition of the Duane Arnold nuclear station."

So what we have here is a state legislature attempting to sink a merger that would have a clearly significant national impact. Whether you call it extortion or simply hardball is up to you, but I don't think you can deny that it is state parochialism in either case.

Posted by Mike DeBow at 08:45 AM in Law  ·  TrackBack (0)

The statesman who should attempt to direct private people in what manner they ought to employ their capitals would not only load himself with a most unnecessary attention, but assume an authority which could safely be trusted, not only to no single person, but to no council or senate whatever, and which would nowhere be so dangerous as in the hands of a man who had folly and presumption enough to fancy himself fit to exercise it. -Adam Smith

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