An en banc Commonwealth Court has upheld a ruling that a base rate increase in distribution of PECO's energy services is not anti-competitive.

The court's June 2 ruling is a rejection of energy provider NRG's argument that PECO's stated price-to-compare was too low and did not reflect the actual costs to customers, putting other service providers at a competitive disadvantage. PECO, the state's default service provider, or DSP, is responsible for obtaining sufficient electricity for those Pennsylvanians who don't shop for an electric generation supplier (EGS).

According to Judge Renee Cohn Jubelirer's opinion, NRG proposed a modification of PECO's plan, with a different methodology to allocate a percentage of indirect costs between PECO's distribution and default services, treating them as two separate sections of PECO's operations. However, the state Public Utility Commission did not agree with NRG's methodology.