By Suzanne Herel

Supporters and critics of Exelon’s proposed $6.8 billion takeover of Pepco Holdings Inc. are churning out newspaper opinion pieces, resolutions and public relations campaigns as the last holdouts to the deal approach deadlines to render decisions.

Delaware regulators last week agreed on a final settlement but will wait to sign it until deals have been finalized with Maryland and D.C.

Evidentiary hearings were scheduled to end last week in D.C., but two more days of testimony were added for April 20-21. The Public Service Commission will close the record on May 13. (See CEO Crane to DC PSC: Exelon Committed to Jobs, Ratepayers.)

In Maryland, hearings are set for Wednesday, Thursday and, if necessary, Friday. The PSC has a deadline of May 8 to reach a decision.

The acquisition already has been approved by the Federal Energy Regulatory Commission, the New Jersey Board of Public Utilities and the Virginia State Corporation Commission.

Exelon has promised all jurisdictions equivalent concessions, the bulk of which address customer benefits, workforce retention and commitments to energy efficiency. It also conceded items of particular interest to some jurisdictions, such as recreational trails in Maryland and a feasibility study of wind generation in Delaware’s southern counties.

Delaware PSC on Board

Under the terms of the settlement outlined before the Delaware Public Service Commission last week, electricity users will share a one-time credit this summer totaling $40 million instead of a larger payout that would have been distributed over 10 years. Exelon also committed to spend $2 million for a low-income energy efficiency plan for PHI’s Delmarva Power & Light customers.

One intervener initially skeptical of the deal, University of Delaware professor Jeremy Firestone, withdrew his opposition at last week’s hearing, saying he was pleased to have helped negotiate the lump sum credit and the study of wind generation in Kent and Sussex counties.

PJM’s Independent Market Monitor, represented at the hearing by General Counsel Jeffrey Mayes, said the merger should be conditioned on several measures designed to ensure competition, including a promise to remain in the RTO indefinitely and to make property paid for by ratepayers available to competitive transmission developers. The suggestions, however, gained no traction among the commissioners.

Although the commission did not vote on the agreement, none of the commissioners expressed opposition.

State Rep. John Kowalko, who did not act in time to become an intervener, was the lone voice of dissent during public comments at the hearing, saying the interests of Delaware’s 250,000 residential ratepayers will be lost among the total of 9.6 million customers affected by the acquisition. “We will be the proverbial flea on the elephant’s back,” he said.

Opposition Grows in DC

The deal is facing stiff opposition in D.C., where nearly half of the District’s Advisory Neighborhood Commissions last week passed measures against the takeover, including every ANC in Ward 4, home to Mayor Muriel Bowser. None of the groups has come out in support of the deal.

“Some of D.C.’s electricity consumers have long suffered from poor reliability, and allowing our power decisions to be made by an out-of-state energy conglomerate with a sizeable roster of high-priced nuclear power plants would not be in our community’s best interest,” Douglass Sloan, commissioner of ANC 4B09, said in a statement released by Power DC, a coalition of electricity customers concerned about rates, reliability, renewable energy and local control.

Three of the 12 members of the D.C. Council — Mary Cheh, Elissa Silverman and Charles Allen — filed a letter with the PSC opposing the merger. The Office of People’s Counsel is also advising against approval.

Exelon has fared better in Maryland, where two key counties — Montgomery and Prince George’s — agreed to support the acquisition in return for promises to fund customer bill credits, grid reliability improvements, renewable energy projects, energy efficiency programs and help for low-income consumers. (See Exelon, Pepco Ink Deal with Md. Counties, but Critics Stand Firm.)

However, the Montgomery County Council split from County Executive Ike Leggett and unanimously passed a resolution saying that the settlement “does not adequately address the overarching issues that have led the state, the Office of People’s Counsel, the environmental community and other public interest organizations to maintain that the merger is contrary to the public interest.”

The acquisition also is opposed by state Attorney General Brian Frosh.

If the deal is approved, it will create the Mid-Atlantic’s largest electric and gas utility.