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Citing Concerns With Competition, D.C. PSC Sets Conditions For Approval of Exelon-Pepco Merger
February 29,2016 Citing concerns over competitive impacts, the District of Columbia PSC denied a non-unanimous settlement which sought approval of Exelon's acquisition of Pepco, but set forth conditions which would cure such concerns and allow the transaction to be approved Among the concerns of the PSC were settlement provisions which assigned to Exelon or Pepco development or other roles regarding solar resources or microgrids. "There is no question that the District of Columbia retail market for solar electricity supply is a competitive one," the PSC said However, the PSC said that settlement awarded to Exelon the exclusive right to develop 5 MW at DC Water without competition or without going through DC Water’s procurement process and with no definite terms is inconsistent with the Commission’s responsibilities under D.C. Code § 34-1512 [concerning the competitive retail market]. Furthermore, the PSC said that by assigning Pepco certain responsibilities with respect to implementation of microgrids, the settlement prematurely addresses questions currently before the PSC in a generic proceeding examining microgrids. Among the PSC's proposed conditions for approval of the merger, Exelon's designation as developer of the DC Water solar facility would be struck, as would provisions regarding Pepco's role as a developer of microgrids. Exelon said that it was reviewing the proposed conditions See more: PSC order
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