4. THE REVENUE THE COMPANY WOULD RECEIVE UNDER
RATE-OF-RETURN REGULATION;

5. THE REVENUE THE COMPANY WOULD RECEIVE IN A
RESTRUCTURED ELECTRICITY SUPPLY MARKET; AND

6. COMPUTER SIMULATIONS PROVIDED TO THE

COMMISSION

(2) THE COMMISSION SHALL DETERMINE ANY EQUITABLE ALLOCATION
OF COSTS OR BENEFITS BETWEEN SHAREHOLDERS AND RATEPAYERS. IN
DETERMINING THE ALLOCATION OF TRANSITION COSTS OR BENEFITS, THE
COMMISSION SHALL CONSIDER THE FOLLOWING FACTORS:

(I) THE PRUDENCE AND VERIFIABILITY OF THE ORIGINAL

INVESTMENT;

(II) WHETHER THE INVESTMENT CONTINUES TO BE USED AND

USEFUL;

(III) WHETHER THE LOSS IS ONE OF WHICH INVESTORS CAN BE
SAID TO HAVE REASONABLY BORNE THE RISK; AND

(IV) WHETHER INVESTORS HAVE ALREADY BEEN COMPENSATED

FOR THE RISK.

7-514.  

(A) (1) ON COMPLAINT OR ON ITS OWN MOTION, FOR GOOD CAUSE SHOWN,
THE COMMISSION MAY CONDUCT AN INVESTIGATION OF THE RETAIL ELECTRICITY
SUPPLY AND ELECTRICITY SUPPLY SERVICES MARKETS AND DETERMINE WHETHER
THE FUNCTION OF ONE OF THESE MARKETS IS BEING ADVERSELY AFFECTED BY
MARKET POWER OR ANY OTHER ANTICOMPETITIVE CONDUCT.

(2) THE COMMISSION SHALL MONITOR THE RETAIL ELECTRICITY
SUPPLY AND ELECTRICITY SUPPLY SERVICES MARKETS TO ENSURE THAT THE
MARKETS ARE NOT BEING ADVERSELY AFFECTED BY MARKET. POWER OR ANY
OTHER ANTICOMPETITIVE CONDUCT.

(B) IF, AS A RESULT OF. AN INVESTIGATION CONDUCTED UNDER. THIS
SECTION, THE COMMISSION DETERMINES THAT MARKET POWER OR ANY OTHER
ANTICOMPETITIVE CONDUCT IN THE RELEVANT MARKET UNDER THE
COMMISSION'S JURISDICTION IS PREVENTING THE ELECTRIC CUSTOMERS IN THE
STATE FROM OBTAINING THE BENEFITS OF PROPERLY FUNCTIONING RETAIL
ELECTRICITY SUPPLY AND ELECTRICITY SUPPLY SERVICES MARKETS, THE
COMMISSION MAY TAKE REMEDIAL ACTIONS WITHIN ITS AUTHORITY TO ADDRESS
THE IMPACT OF THE MARKET POWER OR ANY OTHER ANTICOMPETITIVE CONDUCT
ACTIVITIES.

(C) THE COMMISSION SHALL INCLUDE ANTITRUST PRINCIPLES IN
PERFORMING ITS ANALYSIS UNDER THIS SECTION.