Heather Curtis
WMAL.com

WASHINGTON — (WMAL) The D.C. Public Service Commission denies an appeal of the Pepco-Exelon Merger at a meeting Friday afternoon.

Watchdog group Public Citizen and DC Solar United Neighborhoods filed the appeal, saying the commission made procedural violations in approving the merger in March.

“Having carefully reviewed the record, and the arguments of the petitioners, I am convinced and fully concur with the conclusion in this order that the commission has acted within the law and has committed no procedural errors warranting reconsideration,” said commission chairman Betty Ann Kane.

David Arkush with Public Citizen told WMAL they thought the original process the commission went through before it approved the merger was illegal. He said they didn’t notify people in a timely manner about opportunities to offer public comment and failed to justify the merger was in the public interest.

Kane said the board’s decision Thursday re-affirms the belief by commissioners Joanne Doddy Fort and Willie Phillips that the terms and conditions of the merger are in the public interest but noted she still disagrees with that.

Despite the commission’s denial of the appeal, Arkush maintains the fight is not over.

“It’s going to be a while before it’s over, and if the commission makes the wrong decision today, we will not hesitate to take them to court and get the right decision,” Arkush told WMAL before today’s hearing.

Public Citizen and DC SUN have 60 days to file an appeal in court.

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(Photo: Pepco and Excelon)