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April 1, 2008

PSC report glides over BGE auction problem

Today The Sun is reporting that consultants hired by the Public Service Commission found no wrongdoing by Constellation Energy in connection with reverse auctions that caused BGE rates to go up 70 percent. But we know that former Constellation chief risk officer John Collins had contact with both Constellation -- the seller -- and BGE -- the buyer -- in BGE's purchases of electricity and could see bids from Constellation's competitors. Potential problem, right? That could have given Constellation -- which owns most of the generation around here anyway -- a huge advantage. Here is how the report, from law firm Kaye Scholer, addresses the issue:

Furthermore, we found no evidence of collusion by legally independent actors or market power abuse that would support federal or state antitrust claims. As affiliates wholly owned by a common parent, Constellation and BGE are legally incapable of conspiring with one another. [My emphasis.]

So Kaye Scholer is basically saying that BGE and Constellation cannot break collusion laws no matter what their relationship in the auction. That misses the point by a mile. The essential problem -- a potentially uncompetitive auction costing BGE ratepayers millions -- is still there. And what happened to a separate investigation of the auction process by Joseph Bowring, market monitor for the Mid-Atlantic electric grid? I've been asking for four days and still don't have a good answer. More later.

Posted by Jay Hancock at 10:29 AM | | Comments (2)
Categories: BGE/electricity
        

Comments

Great article with an important point. If Constellation and BGE are, by definition, legally incapable of conpsiring with one another, why did Md taxpayers pay $200,000 for this study? Further, to Mr Hancock's point, if Constellation and BGE are not legally independent, why are not transactions between them deem unacceptable due to inherent conflicts of interest? Constellation and BGE appear to be playing a legal form over substance game and the PSC and Kaye Scholer are agreeing with them. Mr Hancock is bringing common sense and good old consumer advocacy into the picture, with my thanks.

It sounds like all of the politicians just want to sweep this under the rug and forget about it. Hopefully, more attention will be turned to the flaws of the deal and the politicians will be held accountable.

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About Jay Hancock
Jay Hancock has been a financial columnist for The Baltimore Sun since 2001. He has also been The Baltimore Sun's diplomatic correspondent in Washington and its chief economics writer. Before moving to Baltimore in 1994 he worked for The Virginian-Pilot of Norfolk and The Daily Press of Newport News.

His columns appear Tuesdays and Sundays.
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