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Power Company Lobbying to Keep Md. Lawmakers Out of Merger
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Nevins said he did not personally lobby the lawmakers about the merger. To do so would violate the university's ethics code, which explicitly forbids such meetings. It says a regent "shall not, for compensation, assist or represent any party in any matter before the General Assembly."
R. Michael Gill, the regents member who chairs the internal committee that reviews potential ethics violations, said his committee will not investigate the matter because "it hasn't been brought to us."
Nevins said he spoke with the director of the Maryland State Ethics Commission after the meetings were reported in The Washington Post and invited her "to come out and speak to our board about the policy and how it should be interpreted, going forward."
Green was one of several lawmakers who said he considered the meetings a possible ethics violation. He said he found them disturbing, although not as disconcerting as what Nevins's actions revealed about Constellation's interest in keeping the legislature from questioning the merger.
Constellation has an in-house lobbying team that includes former House speaker R. Clayton Mitchell Jr., and the company has brought in two large local firms to assist. FPL Group, meanwhile, has hired a third lobbying firm that has former speaker Casper R. Taylor Jr. as a partner.
"They've got two former speakers working this," Green said. "I am very concerned about their influence here."
Regardless, they have not persuaded House Speaker Michael E. Busch (D-Anne Arundel) to leave the merger alone. Busch said the dynamics are similar to those that led lawmakers to scrutinize the proposed sale of CareFirst BlueCross BlueShield. Busch said he remains concerned that the energy deal would bring a windfall to Constellation executives and benefit shareholders but leave Maryland ratepayers in the lurch.
Although primary responsibility for reviewing the deal rests with the Maryland Public Service Commission, Busch said he does not have confidence in the panel to give the deal thorough scrutiny.
Gov. Robert L. Ehrlich Jr. (R) appoints the members of the Public Service Commission and has helped reshape the commission's professional staff.
"We're all concerned," Busch said. "We just don't know if the Public Service Commission is going to do everything it can to protect consumer rights. And if we can't be certain, then there might be a role for the legislature here."
