Fortnightly Magazine - October 1 1997

Baltimore Court Keeps Merger Case

The chief executive officers of Baltimore Gas and Electric Co. and Potomac Electric Power Co. have expressed disappointment over a July 28 decision by a Baltimore County judge denying a motion to return their proposed merger case to the Maryland Public Service Commission.

The judge's decision will keep the merger proceeding before the Baltimore County Circuit Court.

"As we previously stated and made very clear to the court, we cannot merge in accordance with the terms of the current PSC order," said BGE Chair Christian Poindexter and PEPCO Chair Edward F. Mitchell.

TVA, Utilities Settle Lawsuit

Five utilities suing the Tennessee Valley Authority for allegedly making electric sales to unauthorized third parties for resale outside its service territory have agreed to a joint settlement.

The settlement calls for TVA only to sell or deliver power to authorized exchange power companies. TVA agreed not to knowingly enter any exchange power transactions if the purchaser buys that power intending to resell it at wholesale to an unauthorized entity. TVA will reiterate its contract requirements with its exchange power companies.

Northeast Utilities Settles Nuclear Management

Northeast Utilities Co. has reached an agreement in principle with its shareholders who had claimed that certain NU trustees and officers had failed to manage prudently the affairs of the utility, causing problems for its nuclear power program.

The settlement calls for insurers of those trustees and officers named in the suit to pay NU $25 million, less attorney's fees. NU has agreed to certain corporate governance changes. The agreement was reached after more than eight months of mediation by retired U.S. District Judge Robert C.

V