1.Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
1-A.
Legislative findings.
The Legislature finds it is in the public interest to ensure that a reorganization of a public utility that would result in the transfer of ownership and control of a public utility or the parent company of a public utility serves the interest of the utility's ratepayers.
2.Reorganization subject to commission approval.
Reorganization is subject to commission approval as follows.
2-A.
Approval does not affect rate-making powers.
Commission approval of a reorganization under this section may not limit or restrict the powers of the commission in determining and fixing any rate, fare, tolls, charge, classification, schedule or joint rate
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1.
Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
1-A.
Legislative findings.
The Legislature finds it is in the public interest to ensure that a reorganization of a public utility that would result in the transfer of ownership and control of a public utility or the parent company of a public utility serves the interest of the utility's ratepayers.
2.
Reorganization subject to commission approval.
Reorganization is subject to commission approval as follows.
2-A.
Approval does not affect rate-making powers.
Commission approval of a reorganization under this section may not limit or restrict the powers of the commission in determining and fixing any rate, fare, tolls, charge, classification, schedule or joint rate as provided in this Title.
3.
Waiver.
The commission may, by general rule, exempt classes of reorganizations from the requirements of subsection 2.
4.
Filing fee.
Within 30 days after the application for approval of a reorganization is filed pursuant to subsection 2, the commission may order the applicant to pay a filing fee not to exceed 5/100 of 1% of the transaction value as determined by the commission if the commission determines that the application may involve issues that would necessitate significant additional costs to the commission, except that, if a reorganization would result in the transfer of ownership and control of a public utility or the parent company of a public utility, the commission shall order the applicant to pay to the commission a filing fee in an amount equal to 5/100 of 1% of the transaction value as determined by the commission. The applicant may request the commission to waive all or a portion of the filing fee. The commission shall rule on the request for waiver within 30 days. Notwithstanding any other provision of law, filing fees paid as required in this subsection must be segregated, apportioned and expended by the commission for the purposes of processing the application. Any portion of the filing fee that is received from an applicant and is not expended by the commission to process the application must be returned to the applicant.
4-A.
Filing fee to Office of the Public Advocate.
When an applicant pays a filing fee to the commission pursuant to subsection 4, the applicant shall, at the same time, pay to the Office of the Public Advocate a filing fee not to exceed 3/100 of 1% of the total transaction value of the reorganization, as determined by the commission, if the office determines that the application may involve issues that would necessitate significant additional costs to the office. The applicant may request the Office of the Public Advocate to waive all or a portion of the filing fee. The Office of the Public Advocate shall decide on the waiver request within 30 days.
5.
Limitation.
The provisions of this section do not apply to any telephone utility other than a provider of provider of last resort service and apply to a provider of provider of last resort service only if the reorganization results in a merger, sale or transfer of a controlling interest of the provider of provider of last resort service.
PL 1987, c. 141, §A6 (NEW). PL 1989, c. 159, §3 (AMD). PL 2011, c. 623, Pt. A, §§13, 14 (AMD). PL 2019, c. 353, §§1, 2 (AMD). PL 2019, c. 353, §§3, 4 (AFF). PL 2021, c. 195, §1 (AMD). PL 2021, c. 318, §5 (AMD). PL 2023, c. 168, §6 (AMD).