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H.B. 1713 VETOES
THE MERGER WOULD NOT PROVIDE A NET BENEFIT TO CONSUMERS, THE SPECIAL
COUNSEL SHALL RECOMMEND THAT THE GENERAL ASSEMBLY DISAPPROVE THE
MERGER
(5) THE PARTIES TO THE PROPOSED MERGER BEAR THE BURDEN OF
SHOWING THAT APPROVING THE MERGER IS CONSISTENT WITH THE PUBLIC
INTEREST, CONVENIENCE, AND NECESSITY AND PROVIDES A NET BENEFIT TO THE
CONSUMER
(E) (1) THE GENERAL ASSEMBLY RESERVES THE AUTHORITY TO APPROVE
OR DISAPPROVE THE PROPOSED MERGER BY LAW AFTER CONSIDERATION OF THE
RECOMMENDATIONS OF THE SPECIAL COUNSEL PROVIDED IN ACCORDANCE WITH
THIS SUBTITLE.
(2) THE PUBLIC SERVICE COMMISSION:
(I) MAY NOT APPROVE OR DISAPPROVE THE PROPOSED MERGER IF
THE GENERAL ASSEMBLY EXERCISES ITS AUTHORITY UNDER PARAGRAPH (1) OF
THIS SUBSECTION; AND
(II) MAY NOT ISSUE AN ORDER APPROVING OR DISAPPROVING THE
PROPOSED MERGER BEFORE APRIL 10, 2007.
(3) THE PUBLIC SERVICE COMMISSION AND THE TECHNICAL STAFF OF
THE COMMISSION SHALL PROVIDE INFORMATION AND RECOMMENDATIONS TO THE
SPECIAL COUNSEL ON REQUEST CONCERNING THE PROPOSED MERGER
(4) AS REQUESTED BY THE SPECIAL COUNSEL, THE PUBLIC SERVICE
COMMISSION SHALL CONDUCT PROCEEDINGS AS NEEDED TO INVESTIGATE THE
PROPOSED MERGER AND PROVIDE INFORMATION CONCERNING THE MERGER TO
THE SPECIAL COUNSEL AND THE GENERAL ASSEMBLY.
(5) NOTHING IN THIS SUBSECTION MAY BE CONSTRUED TO PROHIBIT
THE PUBLIC SERVICE COMMISSION FROM CONDUCTING ITS OWN PROCEEDINGS ON
THE PROPOSED MERGER IN COORDINATION WITH THE SPECIAL COUNSEL.
(F) (1) THE PUBLIC SERVICE COMMISSION SHALL PROVIDE THE SPECIAL
COUNSEL WITH ALL OF THE INFORMATION RELATED TO THE PROCEEDINGS THAT IS
REQUESTED BY THE SPECIAL COUNSEL.
(2) THE SPECIAL COUNSEL IS A CUSTODIAN OF INFORMATION SUBJECT
TO THE PROVISIONS OF THE PUBLIC INFORMATION ACT.
(G) (1) (I) THE SPECIAL COUNSEL MAY ISSUE A SUBPOENA TO A PERSON
TO REQUIRE THE APPEARANCE OF THE PERSON OR THE PRODUCTION OF
TELEPHONE, BUSINESS, PERSONAL, GOVERNMENTAL, OR CORPORATE RECORDS OR
DOCUMENTS.
(II) THE SPECIAL COUNSEL MAY ADMINISTER OATHS AND
AFFIRMATIONS.
(2) (I) A SUBPOENA ISSUED UNDER THIS SUBSECTION MAY BE
SERVED IN THE SAME MANNER AS IF ISSUED FROM A CIRCUIT COURT.
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