69-8-215 . Ratepayer and shareholder protection.
(1)Rates established pursuant to Title 69, chapter 3, part 3, may not allow for the recovery of any portion of a civil judgment in a lawsuit arising out of litigation brought by the shareholders of a predecessor in interest against:
(a)the predecessor in interest;
(b)the officers or directors of the predecessor in interest;
(c)the legal advisers or consultants to the predecessor in interest; or
(d)any successor of the predecessor in interest, including a successor in interest.
(2)(a) Subject to subsection (3), an entity subject to regulation under Title 69, including the entity's subsidiaries and affiliates, may not be made a party to litigation brought by the shareholders of a predecessor in interest against:
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69-8-215 . Ratepayer and shareholder protection. (1) Rates established pursuant to Title 69, chapter 3, part 3, may not allow for the recovery of any portion of a civil judgment in a lawsuit arising out of litigation brought by the shareholders of a predecessor in interest against:
(a) the predecessor in interest;
(b) the officers or directors of the predecessor in interest;
(c) the legal advisers or consultants to the predecessor in interest; or
(d) any successor of the predecessor in interest, including a successor in interest.
(2) (a) Subject to subsection (3), an entity subject to regulation under Title 69, including the entity's subsidiaries and affiliates, may not be made a party to litigation brought by the shareholders of a predecessor in interest against:
(i) the predecessor in interest;
(ii) the officers or directors of the predecessor in interest;
(iii) the legal advisers or consultants to the predecessor in interest; or
(iv) any successor of the predecessor in interest that is not a successor in interest.
(b) Except as provided in subsection (3), an entity subject to regulation under Title 69 may not be held liable for a civil judgment entered against:
(i) a predecessor in interest;
(ii) the officers or directors of a predecessor in interest;
(iii) the legal advisers or consultants to a predecessor in interest; or
(iv) any successor of a predecessor in interest that is not a successor in interest.
(3) Subsection (2) does not apply:
(a) to a successor of a public utility regulated by the public service commission pursuant to Title 69, chapter 3, on May 2, 1997, whose shareholders received stock as a result of the sale of a public utility; or
(b) if the liabilities resulting from, related to, or arising out of a reorganization, restructuring, or plan of merger were explicitly assumed by written contract to be the liabilities of the successor to the predecessor in interest.
(4) For the purposes of this section:
(a) "predecessor in interest" means a public utility regulated by the commission pursuant to Title 69, chapter 3, on May 2, 1997, in which an interest was purchased through an arm's-length transaction in which the market value of the public utility property purchased was paid for in cash, debt assumption, or a combination of cash and debt assumption; and
(b) "successor in interest" means the purchaser of all or a portion of a public utility regulated by the commission pursuant to Title 69, chapter 3, on May 2, 1997, through an arm's-length transaction in which the market value of the public utility property purchased was paid for in cash, debt assumption, or a combination of cash and debt assumption.