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(II) ON OR BEFORE JULY 1, 2000, THE COMMISSION SHALL
CONSIDER, AMONG OTHER FACTORS, THE FOLLOWING SAFEGUARDS REQUIRE:
(I) 1. AN APPROPRIATE CODE OF CONDUCT BETWEEN THE
ELECTRIC COMPANY AND ANY AFFILIATE PROVIDING ELECTRICITY SUPPLY AND
ELECTRICITY SUPPLY SERVICES IN THE STATE;
(II) 2. ACCESS BY ELECTRICITY SUPPLIERS AND CUSTOMERS TO
THE ELECTRIC COMPANY'S TRANSMISSION AND DISTRIBUTION SYSTEM ON A
NONDISCRIMINATORY BASIS;
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
CONSIDER, AMONG OTHER FACTORS, FUNCTIONAL, OPERATIONAL, STRUCTURAL, OR
LEGAL SEPARATION BETWEEN THE ELECTRIC COMPANY'S REGULATED BUSINESSES
AND ITS NONREGULATED BUSINESSES OR NONREGULATED AFFILIATES; AND
(IV) APPROPRIATE COMPLAINT AND ENFORCEMENT PROCEDURES.
(12) 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.
(9) (13) 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 THAT FEDERAL AND STATE
ENVIRONMENTAL PROTECTION STANDARDS ARE NOT COMPROMISED IN A
COMPETITIVE ELECTRICITY MARKET.
(14) (I) AN ELECTRIC COMPANY SHALL COMPLY WITH ALL
REQUIREMENTS OF THE COMMISSION IN CONDUCTING REGULATED OPERATIONS IN
COMPLIANCE WITH THIS ARTICLE. IN ADDITION,
(II) THE COMMISSION SMALL 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. HOWEVER, NOTHING IN THIS SUBTITLE
MAY BE CONSTRUED TO GIVE THE COMMISSION THE AUTHORITY TO REGULATE AN
AFFILIATE OF AN ELECTRIC COMPANY WITH RESPECT TO ANY NONREGULATED
BUSINESS OR ACTIVITIES OF THE AFFILIATE.
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