Constellation Energy was not present for Wednesday?s hearing before the Public Service Commission, arguing that the commission?s hearing order required only Baltimore Gas and Electric representatives to be present.
The hearing was intended to allow BGE and Constellation to air their complaints over a recent PSC report that concluded residential customers had paid more than they?ve saved under deregulation.
But Deborah Jennings, a lawyer retained by BGE, told commissioners repeatedly that she spoke only for BGE and not Constellation.
The hearing order required only BGE to attend but, “to the extent” that Constellation could assist in answering the commission?s questions, “invited” the parent company to attend.
“I believe we made it clear what the purpose of this hearing was,” PSC Chairman Steven Larsen told Jennings. “Constellation put out press releases regarding errors and omissions [in the report], and I can?t help but notice you?re here and they?re not.”
Constellation spokesman Rob Gould was present in the audience and said the company would provide additional information at the commission?s request.
Gov. Martin O?Malley also released a brief statement questioning Constellation?s absence in light of a lawsuit it plans to file against the state.
“If Constellation is suing ratepayers for an additional $386 million, it seems only fair that they would appear before the Public Service Commission to explain why,” O?Malley said in the statement.
The BGE-only representation at times stymied commissioners? lines of questioning, as Jennings referred detailed questions about the cost of decommissioning the Calvert Cliffs nuclear reactor to Constellation.
Those questions included requests for filings about the amount of money contained in a trust fund for decommissioning the reactor, the return on investment the money has seen, and information filed with the federal Nuclear Regulatory Commission about both.
But Larsen said the information itself would only be a starting point.
“What we need is a more robust inquiry,” he said. “The filings aren?t the answers. The filings are the beginning of the questions.”
