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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND BALTIMORE GAS AND ELECTRIC COMPANY, : Plaintiff and MARYLAND PUBLIC SERVICE : COMMISSION and MARYLAND : OFFICE OF PEOPLE'S COUNSEL, Plaintiff-Intervenors : v. UNITED STATES OF AMERICA and LOUIS CALDERA, SECRETARY OF THE ARMY, : Defendants and ENRON FEDERAL SOLUTIONS, INC., Defendant-Intervenor : : : : : :

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CIVIL NO. AMD 00-2599

MEMORANDUM Congress determined, in its considered judgment, that the military services should transfer ownership of their utility systems to private interests. As is not infrequently the case, travel is tortuous over Congress' legislative pathways to the intended destination. This case presents a challenge to a solicitation for bids to privatize the utility distribution systems owned by the United States Army at Fort George G. Meade, Maryland.

I.

INTRODUCTION

Plaintiff, Baltimore Gas and Electric Company ("BG&E"), is a regulatee of intervenor the Maryland Public Service Commission ("the PSC")(together hereinafter, "plaintiffs"). Plaintiffs maintain this action pursuant to the Administrative Dispute Resolution Act of 1996, Pub.L. No. 104-320,

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Maryland Law