(E) (1) IN DETERMINING THE APPROPRIATE TRANSITION COSTS OR
BENEFITS FOR EACH ELECTRIC COMPANY'S GENERATION RELATED ASSETS, THE
COMMISSION SHALL CONSIDER, IN ADDITION TO OTHER APPROPRIATE EVIDENCE OF
VALUE:
(I) BOOK VALUE AND FAIR MARKET VALUE;
(II) AUCTIONS AND SALES OF COMPARABLE ASSETS;
(III) APPRAISALS;
(IV) THIS REVENUE THE COMPANY WOULD RECEIVE UNDER
RATE OF RETURN REGULATION;
(V) THE REVENUE THE COMPANY WOULD RECEIVE IN A
RESTRUCTURED ELECTRICITY SUPPLY MARKET; AND
(VI) COMPUTER SIMULATIONS.
(2) THE COMMISSION SHALL DETERMINE WHETHER AND TO WHAT
EXTENT THERE SHALL BE ANY ALLOCATION OF TRANSITION COSTS OR BENEFITS
BETWEEN SHAREHOLDERS AND RATEPAYERS IN ACCORDANCE WITH ANY FEDERAL
AND STATE LAW.
7-514.
(A) 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. 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.
(D) THE COMMISSION SHALL COOPERATE WITH AND SHARE INFORMATION
WITH THE ANTITRUST DIVISION OF THE OFFICE OF THE ATTORNEY GENERAL.
(E) THE RIGHTS AND REMEDIES PROVIDED IN THIS SECTION SUPPLEMENT
ANY OTHER RIGHTS OR REMEDIES THAT MAY EXIST UNDER STATE OR FEDERAL LAW
OR COMMON LAW.
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