After months of uncertainty and contention over the French EDF Group's plan to invest $4.5 billion in half of Constellation Energy's nuclear power business, the companies announced this morning that they would go through with the deal.
Constellation CEO Mayo Shattuck said last week that they could complete it within a couple weeks. The conditions set by the Maryland Public Service Commission for the transaction include a required credit of about $100 for every residential customer in Baltimore Gas & Electric's service area.
"We have consulted with our Board and received its approval," Constellation said in a prepared statement this morning. "We are now moving to close the transaction as quickly as possible so that we can begin to deliver the many benefits of this investment to all stakeholders across the state."
In its statement, EDF said: "Through its investment in Constellation Energy’s nuclear business, EDF has chosen Maryland to be at the center of its growth efforts in the United States. EDF is eager to be a strong corporate citizen in Maryland, and looks forward to moving its U.S. headquarters to the State."
The decisions come after months of uncertainty and weeks of contentious hearings before the Maryland Public Service Commission, which asserted authority after EDF and Constellation agreed to the deal late last year. Gov. Martin O'Malley had sought several conditions from Constellation before he would agree to countenance the transaction, including protections for Constellation subsidiary BGE, rate rebates for BGE customers and compensation reductions for Shattuck.
In approving the deal with conditions on Friday, the PSC agreed with O'Malley's desired protections for BGE and required a $100-per-household rebate for BGE customers -- about half of what O'Malley had suggested. But it said it has no jurisdiction over Shattuck's pay.
Late last week reports surfaced in the French press suggesting that EDF's incoming CEO, Henri Proglio, was unenthusiastic about the Constellation deal and was looking for a way out. However, Proglio doesn't take over until later this month. EDF's existing boss, Pierre Gadonneix, badly wanted the transaction to close so that the huge French utility could use the United States to demonstrate its nuclear expertise.
In deciding that the transaction can go forward, both companies agreed to the conditions that the PSC imposed.
EDF will own 49 percent of Constellation's nuclear business, and they will operate it together. The PSC decision was the last regulatory hurdle that the partnership needed, U.S. federal authorities having already given it their blessing. The deal's completion and the injection of the French cash strengthens Constellation's financial position after it was badly damaged by the 2008 financial meltdown and came close to seeking bankruptcy protection.
It also sets the stage for the construction of a third nuclear reactor at Calvert Cliffs, which both companies have pledged to pursue. The project would be one of the biggest construction projects ever in Maryland and bring new supplies of electricity to a state that hasn't seen significant generation capacity built in more than a decade. But first the companies need to secure financing for the reactor. And even if construction goes smoothly it would take years to complete.
EDF's and Constellation's statements are below:
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