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ROBERT L. EHRLICH, JR., Governor H.B. 1713
(II) IF ANY PERSON FAILS TO OBEY A SUBPOENA LAWFULLY
SERVED UNDER THIS SUBSECTION, THE SPECIAL COUNSEL, OR THE ATTORNEY
GENERAL ON BEHALF OF THE SPECIAL COUNSEL, IMMEDIATELY MAY REPORT THE
DISOBEDIENCE AND PROVIDE A COPY OF THE SUBPOENA AND PROOF OF SERVICE TO
A CIRCUIT COURT.
(III) THE CIRCUIT COURT SHALL CONDUCT A HEARING AND MAY
GRANT APPROPRIATE RELIEF AFTER PROVIDING THE PERSON WHO ALLEGEDLY
FAILED TO COMPLY WITH A SUBPOENA AN OPPORTUNITY TO BE HEARD AND BE
REPRESENTED BY COUNSEL.
(3) THIS SUBSECTION IS NOT INTENDED TO ALLOW THE
CONTRAVENTION, DENIAL, OR ABROGATION OF ANY PRIVILEGE OR RIGHT
RECOGNIZED BY LAW.
(H) (1) DURING THE COURSE OF THE INVESTIGATION, AS THE ATTORNEY
GENERAL OR SPECIAL COUNSEL CONSIDERS APPROPRIATE, THE SPECIAL COUNSEL
SHALL SUBMIT A REPORT OF THE INVESTIGATION AND RECOMMENDATIONS TO THE
PRESIDING OFFICERS OF THE GENERAL ASSEMBLY, THE GOVERNOR, AND THE
ATTORNEY GENERAL.
(2) ON OR BEFORE JANUARY 10, 2007, AND AT THE COMPLETION OF THE
INVESTIGATION BY THE SPECIAL COUNSEL, THE SPECIAL COUNSEL SHALL SUBMIT A
COMPLETE REPORT OF THE INVESTIGATION, INCLUDING ALL THE FINDINGS AND
RECOMMENDATIONS, TO THE PRESIDING OFFICERS OF THE GENERAL ASSEMBLY,
THE GOVERNOR, AND THE ATTORNEY GENERAL.
(I) (1) IN ADDITION TO THE SPECIFIC INVESTIGATION OF THE PROPOSED
MERGER UNDER THIS SUBTITLE, THE SPECIAL COUNSEL MAY STUDY AND EVALUATE
THE STATUS OF ELECTRIC RESTRUCTURING IN THE STATE AS IT PERTAINS TO THE
AVAILABILITY OF COMPETITIVE GENERATION TO RESIDENTIAL CUSTOMERS AND
THE STRUCTURE, PROCUREMENT, AND TERMS AND CONDITIONS OF STANDARD
OFFER SERVICE FOR RESIDENTIAL CUSTOMERS.
(2) ON OR BEFORE JUNE 30, 2007, THE SPECIAL COUNSEL SHALL REPORT
ANY FINDINGS AND RECOMMENDATIONS UNDER THIS SUBSECTION, INCLUDING
SUGGESTED LEGISLATIVE AND REGULATORY CHANGES, TO THE PRESSING
OFFICERS OF THE GENERAL ASSEMBLY, THE GOVERNOR AND THE ATTORNEY
GENERAL.
SECTION 3. AND BE IT FURTHER ENACTED, That any approval by the
Public Service Commission of a merger between FPL Group, Inc., and Constellation
Energy Group, Inc., pending as of the effective date of this Act must include the
following conditions:
(1) the transaction may not allow the transfer of facilities between
Florida Power & Light Company or Baltimore Gas and Electric Company and an
associate company;
(2) the transaction may not allow the new issuances of securities by
Florida Power & Light Company or Baltimore Gas and Electric Company for the
benefit of an associate company;
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