The PJM Independent Market Monitor has asked FERC to consolidate currently separate cases reviewing Dynegy's separate acquisitions of generating plants owned by Duke Energy, and Energy Capital Partners.

"To be effective, review under section 203 of the Federal Power Act must consider the substance of a transaction and not merely its form. Placing form over substance would mean that any applicant could divide a large acquisition into pieces, and thereby avoid analysis and potential mitigation that would apply to an undivided acquisition. A piecemeal approach to merger and acquisition review will not effectively protect the public interest in competitive markets," the IMM said.

Dockets EC14-140 and EC14-141

Tags:
Dynegy   Duke Energy   Energy Capital Partners  

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