Proposed Exelon Merger Appealed

For Immediate Release

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Phillip Ellis | | 202.745.5221

Proposed Exelon Merger Appealed


Last Friday Earthjustice filed, on behalf of Sierra Club and the Chesapeake Climate Action Network, an appeal of the Maryland Public Service Commission's approval of Exelon's take-over of PEPCO and Delmarva Power. On May 15, the Commission approved this acquisition in a 3-2 split decision. Earthjustice contends that the Commission's majority decision is flawed because it failed to properly consider the harm to Maryland and ignored statutory directives.

Statement from Susan Stevens Miller, Earthjustice's lead counsel on this case

"This acquisition is simply not in the best interest of Pepco or Delmarva Power customers. There are significant and real risks that Exelon will use this merger to increase energy bills over the next few years to subsidize its failing investments in nuclear power. The minimal additional conditions imposed by the Commission will not offset the harms caused by this merger. Exelon’s long history of hostility to renewable energy and competition from small clean energy businesses is a threat to the future of homegrown clean energy projects in Maryland.

"We look forward to explaining to the Circuit Court the errors committed by the Commission in approving this acquisition."

Earthjustice's main resource page for this proposed merger

Next steps

After the Commission files the record with the Queen Anne's County Circuit Court, we will file our brief and set forth in detail the errors committed by the Commission's majority in approving the acquisition.



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Earthjustice is a non-profit public interest law firm dedicated to protecting the magnificent places, natural resources, and wildlife of this earth, and to defending the right of all people to a healthy environment. We bring about far-reaching change by enforcing and strengthening environmental laws on behalf of hundreds of organizations, coalitions and communities.

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