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For Immediate Release:
08/03/2006
For More Information:Allison Cairo
(609) 394-8155
Ev Liebman, NJ Citizen Action, (609) 234-2741

Consumer Advocates and Businesses Urge State Regulators to Call Companies Bluff on Merger

In light of Exelon and PSEG’s most recent bullying tactics and media spin, summed up in a letter issued by the companies yesterday telling state regulators to take or leave their proposed merger terms—terms that would still give the companies’ enough market power to control and manipulate prices—the state’s leading consumer and business advocates called on state regulators to call the companies’ bluff and let them walk away from the deal.

“We’re looking to the BPU staff and board, the Governor and the Public Advocate to stand up for consumers and insist that the companies put a proposal on the table that would alleviate market power concerns. If the companies stay their course and refuse to address market power, then its time for our regulators to say “so long” to Exelon,” said Dena Mottola, Executive Director for New Jersey Public Interest Research Group.

A year and a half of discovery, hearings and evidentiary testimony make it strikingly clear that if Exelon’s takeover of PSEG is approved without requiring the companies to fully mitigate market power concerns, New Jersey ratepayers will have to pay what could be billions more in higher electricity prices into the indefinite future. Testimony by BPU staff expert Judah Rose estimates that market power could cost all New Jersey ratepayers $2.3 billion annually, a $45 a month/$540 a year increase on average. In comparison, the companies’ estimated $600 million rate credit offer, which is actually $486 million with a disputed $114 market transition charge removed, amounts to a $1.33 a month/$32 a year credit for PSE&G consumers.

"Consumers know that what is on the table should be left there -- the company is offering ratepayers one dollar and change a month on one hand and taking $45/month away on the other hand -- anyone can do the math and figure out that this is a giant ratepayer ripoff. And to add insult to injury, while the company rips off ratepayers it wants to walk away with billions of dollars in windfall profits for its shareholders and executives. NJ needs to thanks but no thanks," said Ev Liebman, New Jersey Citizen Action Program Director.

“New Jersey’s electricity bills are among the highest in the nation. Currently, industrial electricity rates are the 4th highest in the US, 71% above the national average,” said Hal Bozarth, executive director of the Chemistry Council of New Jersey, representing more than 85 chemistry manufacturing companies, “a merger of this magnitude would continue the trend of rising energy costs, which will negatively impact industry. Their proposal will create a ‘super monopoly’ that if approved can possibly force manufacturers to close shop and leave the state, resulting in the loss of high-paying jobs for New Jerseyans.”

"Tenants in New Jersey pay nearly the highest rents in the nation," said Matt Shapiro, President of the New Jersey Tenants Organization, "and this energy monopoly deal will cause tenants' rent and utility bills to rise even further. It should be turned down."

The companies’ current proposal relies on the Department of Justice (DOJ) consent decree, in addition to a few minor and unenforceable behavioral remedies regarding market power. A recent BPU-requested report from the Market Monitoring Unit of the PJM regional electricity grid makes it clear that the DOJ decree fails to mitigate market power adequately. On Tuesday, PJM sent a letter to Exelon and PSEG refusing to endorse the companies’ terms.

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