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Amend proposed Floor Amendment No. 1 by P. King to CSSB 482
(house committee printing) as follows:
(1) On page 9, beginning on line 25, strike "the commission
not less than 120 days before the closing of any transaction in
which" and substitute "and obtain approval from the commission
prior to closing any transaction in which".
(2) On page 10, line 1, strike "." and substitute "; or".
(3) On page 10, line 2, insert the following:
"(3) a controlling interest or operational control of
the electric utility or transmission and distribution utility will
be transferred."
(4) On page 10, line 2 strike Subsection (b) and substitute
the following:
"(b) The commission shall approve a transaction under
Subsection (a) if it finds that the transaction is in the public
interest. In making its determination, the commission shall
consider whether the transaction will adversely affect the
reliability of service, availability of service, or cost of service
of the electric utility or transmission and distribution utility."
(5) On page 10, line 5, strike Subsection (c) and substitute
the following:
"(c) The commission shall conclude its review under
subsections (a) and (b) within 180 days of filing, without
extension."
(6) On page 10, line 18, insert new Subsection (e) to read as
follows:
"(e) For a transaction described in Subsection (a) for which
a definitive agreement was executed prior to April 1, 2007, the
electric utility or transmission and distribution utility shall not
be subject to Subsections (a) and (b); provided, however, that the
electric utility, transmission and distribution utility, or a
person seeking to acquire or merge with an electric utility or
transmission and distribution utility, made a filing for review of
the transaction, supported by sworn testimony pursuant to Section
14.101 of this title prior May 1, 2007, and the resulting proceeding
was not withdrawn."