February 11, 2015
On Monday, February 9th, after hearing oral arguments in the Exelon/Pepco merger case, the DC Public Service Commission ordered Exelon/Pepco to refile their testimony on or before February 17th and rescheduled the evidentiary hearings in this case for March 30-April 8, 2015.
Under this new schedule, a decision on the proposed merger is expected in August.
On Wednesday, February 4th, three business days before the beginning of the evidentiary hearings, Exelon and Pepco submitted new testimony in the case. The new testimony significantly revised Exelon/Pepco's position on one of the most important factors in the case - reliability. In some instances the new testimony appeared to contradict previous statements.
On Friday, February 6th, the Public Service Commission issued a notice scheduling a hearing in which oral arguments would be heard from OPC, Exelon and other parties regarding how or whether the new testimony should be part of the case.
In their initial testimony, the Joint Applicants stated that they would not be able to meet the Commission's reliability standards in years 2018 - 2020. The new testimony now says that they can. The Joint Applicants' stated reason for doing so was to address the concerns raised by OPC.
OPC and the parties objected, stating that the filing substantially changed the terms of the case before them, without providing adequate time for OPC and the other parties to consider how the new information impacts consumers and whether there is a public benefit value of the proposal. The Commission's order provides all parties a better opportunity to examine this new testimony in preparation for the evidentiary hearings.
Consumers and ANCs seeking to participate in the case can continue to submit comments and resolutions to the PSC on the merger until April 29th. Those comments and resolutions should be submitted to the following address:
Ms. Brinda Westbrook-Sedgwick,
Public Service Commission of the District of Columbia
1333 H Street, N.W., Second Floor, West Tower
Washington, DC 20005
Attn: Formal Case No. 1119