3. APPROPRIATE COMPLAINT AND ENFORCEMENT
PROCEDURES; AND
4. ANY OTHER SAFEGUARDS DEEMED NECESSARY BY THE
COMMISSION TO ENSURE THE CREATION AND MAINTENANCE OF A COMPETITIVE
ELECTRICITY SUPPLY AND ELECTRICITY SUPPLY SERVICES MARKET
(III) ON OR BEFORE JULY 1, 2000, THE COMMISSION SHALL
REQUIRE, AMONG OTHER FACTORS. FUNCTIONAL, OPERATIONAL. STRUCTURAL. OR
LEGAL SEPARATION BETWEEN THE ELECTRIC COMPANY'S REGULATED BUSINESSES
AND ITS NONREGULATED BUSINESSES OR NONREGULATED AFFILIATES.
(11) NOTHING IN THIS TITLE MAY BE CONSTRUED AS PREVENTING THE
APPLICATION OF STATE AND FEDERAL CONSUMER PROTECTION AND ANTITRUST
LAWS TO ELECTRIC COMPANIES AND THEIR AFFILIATES, AND TO ELECTRICITY
SUPPLIERS.
(12) THE COMMISSION, IN CONSULTATION WITH THE DEPARTMENT OF
THE ENVIRONMENT, SHALL ADOPT APPROPRIATE MEASURES TO MAINTAIN
ENVIRONMENTAL. STANDARDS, ADAPT EXISTING PROGRAMS, AND DEVELOP NEW
PROGRAMS AS APPROPRIATE TO ENSURE COMPLIANCE WITH FEDERAL AND STATE
ENVIRONMENTAL PROTECTION STANDARDS.
(13) (I) AN ELECTRIC COMPANY SHALL COMPLY WITH ALL
REQUIREMENTS OF THE COMMISSION IN CONDUCTING REGULATED OPERATIONS IN
COMPLIANCE WITH THIS ARTICLE.
(II) THE COMMISSION SHALL REQUIRE EACH ELECTRIC COMPANY
TO ADOPT A CODE OF CONDUCT TO BE APPROVED BY THE COMMISSION BY A DATE
TO BE DETERMINED BY THE COMMISSION TO PREVENT REGULATED SERVICE
CUSTOMERS FROM SUBSIDIZING THE SERVICES OF UNREGULATED BUSINESSES OR
AFFILIATES OF THE ELECTRIC COMPANY.
(C) (1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, INCLUDING
SUBSECTION (D) OF THIS SECTION, THE COMMISSION MAY REGULATE THE
REGULATED SERVICES OF AN ELECTRIC COMPANY THROUGH ALTERNATIVE FORMS
OF REGULATION.
(2) THE COMMISSION MAY ADOPT AN ALTERNATIVE FORM OF
REGULATION UNDER THIS SECTION IF THE COMMISSION FINDS. AFTER NOTICE AND
HEARING, THAT THE ALTERNATIVE FORM OF REGULATION.
(I) PROTECTS CONSUMERS;
(ID ENSURES THE QUALITY. AVAILABILITY, AND RELIABILITY OF
REGULATED ELECTRIC SERVICES; AND
(III) IS IN THE INTEREST OF THE PUBLIC, INCLUDING
SHAREHOLDERS OF THE ELECTRIC COMPANY.
(3) ALTERNATIVE FORMS OF REGULATION MAY INCLUDE:
(I) PRICE REGULATION INCLUDING PRICE FREEZES OR CAPS;
|