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Constellation defends Calpine deal after consumer groups object

Constellation Energy, the major U.S. energy provider, defended to regulators its planned acquisition Calpine on Tuesday after consumer groups complained that the deal could give the combined company too much power in the market, according to a regulatory filing.

Constellation announced in January that it had agreed to purchase Calpine for $16.4 billion. This was one of the largest acquisitions ever made by the U.S. energy industry. Later that month, the companies asked the Federal Energy Regulatory Commission for approval of the transaction. This would make Constellation, the largest independent power company in the United States.

Since then, consumer groups from Maryland and Pennsylvania have filed protests against the deal with FERC. They cited concerns that the merger could ultimately stifle the competition and increase power bills.

The Maryland Office of People's Counsel stated in its protest to FERC last month that the merger would encourage and facilitate the surviving firm's chances for anticompetitive behavior, such as withholding supply, due to the fleet changes after the merger and the supply-and-demand conditions in the market for generation and capacity.

In a separate protest, the consumer advocate of Pennsylvania reiterated this sentiment. It said that Constellation would increase its share of retail competitive supplies in the state from 32% to almost 40% after the merger.

Earthjustice and other environmental advocacy groups have asked FERC to deny the application.

In its filing of Tuesday, Constellation said that its deal with Calpine wasn't anticompetitive, and that the merger had passed screenings by the Commission to determine which mergers were anticompetitive.

Constellation, who asked FERC for the rejection of protests, stated that there are numerous safeguards that prevent it from withholding supplies and that it has no financial reason to do so.

Constellation's filing with FERC stated that "Constellation applicant have both a legal obligation and an economical incentive to bid and sale their power generation." (Reporting and editing by Laila Gregorio; reporting by Laila kearney)

(source: Reuters)