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ROBERT L. EHRLICH, JR., Governor
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Ch. 5
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(H) THE POTENTIAL IMPACT OF THE ACQUISITION ON CONTINUING
INVESTMENT NEEDS FOR THE MAINTENANCE OF UTILITY SERVICES, PLANT, AND
RELATED INFRASTRUCTURE;
(III) THE PROPOSED CAPITAL STRUCTURE THAT WILL RESULT
FROM THE ACQUISITION, INCLUDING ALLOCATION OF EARNINGS FROM THE PUBLIC
SERVICE COMPANY;
(IV) THE POTENTIAL EFFECTS ON EMPLOYMENT BY THE PUBLIC
SERVICE COMPANY;
(V) THE PROJECTED ALLOCATION OF ANY SAVINGS THAT ARE
EXPECTED TO THE PUBLIC SERVICE COMPANY BETWEEN STOCKHOLDERS AND RATE
PAYERS;
(VI) ISSUES OF RELIABILITY, QUALITY OF SERVICE, AND QUALITY
OF CUSTOMER SERVICE;
(VII) THE POTENTIAL IMPACT OF THE ACQUISITION ON COMMUNITY
INVESTMENT;
(VIII) AFFILIATE AND CROSS-SUBSIDIZATION ISSUES;
(DC) THE USE OR PLEDGE OF UTILITY ASSETS FOR THE BENEFIT OF
AN AFFILIATE;
(X) JURISDICTIONAL AND CHOICE-OF-LAW ISSUES; AND
(XI) ANY OTHER ISSUES THE COMMISSION CONSIDERS RELEVANT
TO THE ASSESSMENT OF ACQUISITION IN RELATION TO THE PUBLIC INTEREST,
CONVENIENCE, AND NECESSITY.
(3) (I) IF THE COMMISSION FINDS THAT THE ACQUISITION IS
CONSISTENT WITH THE PUBLIC INTEREST, CONVENIENCE, AND NECESSITY, AN©
DOES NO HARM INCLUDING BENEFITS AND NO HARM TO CONSUMERS, THE
COMMISSION SHALL ISSUE AN ORDER GRANTING THE APPLICATION.
(II) THE COMMISSION MAY CONDITION AN ORDER AUTHORIZING
THE ACQUISITION ON THE APPLICANTS SATISFACTORY PERFORMANCE OR
ADHERENCE TO SPECIFIC REQUIREMENTS.
(4) IF THE COMMISSION DOES NOT FIND THAT THE ACQUISITION IS
CONSISTENT WITH THE PUBLIC INTEREST, CONVENIENCE, AND NECESSITY, OR THAT
THE ACQUISITION WOULD NOT HARM INCLUDING BENEFITS AND NO HARM TO
CONSUMERS, THE COMMISSION SHALL ISSUE AN ORDER DENYING THE
APPLICATION.
(5) THE APPLICANT BEARS THE BURDEN OF SHOWING THAT GRANTING
THE ACQUISITION IS CONSISTENT WITH THE PUBLIC INTEREST, CONVENIENCE, AND
NECESSITY, AND DOES NO HARM INCLUDING BENEFITS AND NO HARM TO
CONSUMERS.
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- 125 -
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