DCPSC Rejects Requests To Reconsider Pepco-Exelon Merger Approval

On June 17, 2016, the Public Service Commission of the District of Columbia ("DCPSC") denied multiple applications for reconsideration of its March 23, 2016 order approving the merger ("Merger Order") between Pepco Holdings, Inc. ("Pepco") and Exelon Corporation ("Exelon") (see March 29, 2016, edition of the WER). The applications for reconsideration had been filed by several opponents of the merger. Going forward, those opponents must decide if they want to pursue a judicial appeal of the Merger Order.

DCPSC's denial of the applications for reconsideration is the latest action taken in a contentious proceeding that commenced in June 2014 when Pepco and Exelon filed their initial merger application. DCPSC denied the initial merger application in August 2015 on a finding that the proposed merger was not in the public interest. In February 2016, DCPSC denied a revised merger application on similar grounds, despite the revised proposal containing new concessions