Dollars and Sense on the Susquehanna

Bill Herb • February 17, 2020

A recent town hall-type meeting at the Kent County library considered the proposed settlement between Maryland’s Department of Natural Resources and the Exelon Corporation, which owns and operates the Conowingo Dam on the Susquehanna River. The meeting was sponsored by Shore Rivers and moderated by the Sassafras Riverkeeper. Exelon is seeking a 50-year extension of its operating license from the Federal Energy Regulatory Commission.
 
About 100 individuals attended, including state and county officials, watermen, farmers, river advocates, local residents, and at least one hydrologist. The attendees expressed a common, sensible goal: To protect the Bay from contamination from the sediments, nitrogen, phosphorus, and debris that wash down the Susquehanna. All appeared to agree that the settlement as proposed lets Exelon off the financial hook.

Discussion focused on the difference between the amount of the “penalty” previously threatened by the Hogan Administration and the recent settlement amount proposed after litigation by Exelon. The original penalty was $172 million per year over 50 years, or about $8.6 billion overall. The proposed settlement is reportedly about $4 million per year over the same period, for a total settlement of $200 million, which is slightly more than 2 percent of the original penalty.

Further discussion regarding in-kind contributions, time-value of money, and creative bookkeeping rightly or wrongly showed that the proposed settlement is actually only 1 percent of the original penalty. Whether it’s 1 or 2 percent, the proposed settlement is far short of the original penalty proposed by Governor Hogan.

It was agreed that Pennsylvania — not Exelon — is causing the problems, but in a departure from common sense, the presentation strongly suggested that Exelon should be held responsible for the majority of the desired mitigation. Although the Hogan Administration is proposing to sue Pennsylvania to force it to pay for river cleanup, emphasis was on the need to get more money from Exelon.

A disconnect arose in the comparison of the original $8.6 billion with the proposed settlement of $200 million. Attendees were given the impression that the $8.6 billion figure was reasonable, and unless largely met, Exelon’s operating license shouldn’t be renewed. However, this figure is preposterously large and ignores the economic realities of the Conowingo generating facility. The unsupportable figure of $172 million per year was a likely reason for the DNR’s retrenchment.

A financial analysis by an independent party in 2017 found that annual revenue (not profit) for Conowingo is about $120 million; with a profit margin of 10 percent, there is “headroom” for capital investment of around $270 million in 2008 dollars that could be used to mitigate someone else’s pollution.

If may be safe to assume that it would not make economic sense for Exelon to continue power generation at a facility while being forced to pay an annual penalty that is 40 percent more than its annual revenue. Accordingly, further negations should be conducted with the $270 million figure in mind.


Bill Herb was a U.S. Geological Survey hydrologist for 34 years in Maryland, Pennsylvania, Texas, and Minnesota. He currently lives on Fairlee Creek in Kent County.

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