|
|
|
|
|
|
|
|
|
|
|
|
|
|
ROBERT L. EHRLICH, JR., Governor H.B. 1713
(I) THE POTENTIAL IMPACT OF THE MERGER ON RATES AND
CHARGES PAID BY CUSTOMERS AND ON THE SERVICES AND CONDITIONS OF
OPERATION OF THE PUBLIC SERVICE COMPANY OPERATING IN THE STATE;
(II) THE POTENTIAL IMPACT OF THE MERGER ON CONTINUING
INVESTMENT NEEDS FOR THE MAINTENANCE OF UTILITY SERVICES. PLANT, AND
RELATED INFRASTRUCTURE;
(III) THE PROPOSED CAPITAL STRUCTURE THAT WILL RESULT
FROM THE MERGER INCLUDING ALLOCATION OF EARNINGS FROM THE PUBLIC
SERVICE COMPANY OPERATING IN THE STATE;
(IV) THE POTENTIAL EFFECTS ON EMPLOYMENT BY THE PUBLIC
SERVICE COMPANY OPERATING IN THE STATE;
(V) THE PROJECTED ALLOCATION OF ANY SAVINGS BETWEEN
STOCKHOLDERS AND RATE PAYERS;
(VI) ISSUES OF RELIABILITY. QUALITY OF SERVICE. AND QUALITY
OF CUSTOMER SERVICE;
(VII) THE POTENTIAL IMPACT OF THE MERGER ON COMMUNITY
INVESTMENT;
(VIII) AFFILIATE AND CROSS-SUBSIDIZATION ISSUES;
(IX) THE USE OR PLEDGE OF UTILITY ASSETS FOR THE BENEFIT OF
AN AFFILIATE;
(X) THE VALUATION OF ASSETS HELD BY AN AFFILIATE OF THE
PUBLIC SERVICE COMPANY OPERATING IN THE STATE, INCLUDING GENERATION
ASSETS AND REAL PROPERTY, AT THE TIME OF TRANSFER OF THOSE ASSETS TO THE
AFFILIATE AND AT THE TIME OF THE PROPOSED MERGER;
(XI) JURISDICTIONAL AND CHOICE-OF-LAW ISSUES; AND
(XII) ANY OTHER ISSUES THE SPECIAL COUNSEL CONSIDERS
RELEVANT TO THE ASSESSMENT OF THE PROPOSED MERGER IN RELATION TO THE
PUBLIC INTEREST, CONVENIENCE. AND NECESSITY.
(3) (I) IF THE SPECIAL COUNSEL FINDS THAT THE MERGER IS
CONSISTENT WITH THE PUBLIC INTEREST. CONVENIENCE, AND NECESSITY, AND
PROVIDES A NET BENEFIT TO CONSUMERS. THE SPECIAL COUNSEL SHALL
RECOMMEND THAT THE GENERAL ASSEMBLY APPROVE THE MERGER
(II) THE SPECIAL COUNSEL MAY RECOMMEND APPROVAL OF THE
MERGER CONDITIONED ON THE PARTIES' SATISFACTORY PERFORMANCE OR
ADHERENCE TO SPECIFIC REQUIREMENTS.
(4) IF THE SPECIAL COUNSEL DOES NOT FIND THAT THE MERGER IS
CONSISTENT WITH THE PUBLIC INTEREST, CONVENIENCE, AND NECESSITY, OR THAT
|
|
|
|
|
|
|
|
|
|
- 3943 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
