Judge to rule on Constellation dismissal quickly

A Baltimore judge is expected to rule Thursday on a motion by the state of Maryland to dismiss Constellation Energy's appeal in the battle over a proposed deal with France's EdF.

The parent of Baltimore Gas & Electric is appealing a decision by state regulators to review a $4.5 billion deal to sell nearly half of Constellation's nuclear energy business to the French company. The two sides squared off at a hearing Wednesday in Circuit Court, where the state filed a motion to dismiss.

Attorneys for the state argued Constellation can't appeal the decision because the Public Service Commission has not ruled yet and the courts can only review final determinations by an administrative agency.

If Circuit Judge Stuart R. Berger allows the case to proceed then "the doctrine of finality is an empty box," said Assistant Attorney General Joshua N. Auerbach.

Attorney Deborah E. Jennings, who is representing Constellation, said the order is effectively final because it means "immediate, dramatic, irreparable harm to Constellation."

Burger was expected to issue his decision by 5 p.m. Thursday, said Raquel Guillory, a spokeswoman for the Maryland Attorney General's office.

The court battle was sparked by a decision last month by the Public Service Commission that it has the right to approve the transaction. Constellation and EdF contend the deal does not require state approval.

The PSC doesn't regulate Constellation, but has authority over its Baltimore Gas and Electric subsidiary. Constellation contends the deal is permitted under a settlement with state lawmakers that raised the trigger for review to 20 percent of Constellation's shares or its board. EdF would take a 9 percent stake under the deal, but the PSC said the rule doesn't apply because EdF will acquire other rights and assets.