(a) If an acquiring entity and the selling utility agree to use the process outlined in § 6-304 of this subtitle, the acquiring entity shall include in its application for Commission approval of the acquisition:
- (1) copies of the two appraisals performed by the utility valuation experts under § 6-304 of this subtitle;
- (2) the purchase price of the selling utility as agreed to by the acquiring entity and the selling utility;
- (3) the rate making rate base of the selling utility determined in accordance with this subtitle;
- (4) the transaction and closing costs incurred by the acquiring entity that will be included in its rate base; and
- (5) a tariff containing a schedule of rates, service charges, and any additional fees to be incurred by the customers of the selling utility at or immediately after the closing date of acquisition.
(b)
- (1) Subject to paragraph (2) of this subsection, the Commission shall issue a final order on an application submitted under this subtitle within 180 days after the filing date of a complete application under subsection (a) of this section.
- (2) The Commission may extend a proceeding under this subtitle for an additional 30 days if the Commission finds that the proceedings cannot be completed within the initial suspension period.
- (3) After the expiration of 180 days under paragraph (1) of this subsection and any extension under paragraph (2) of this subsection, if the Commission has not entered a final order, the application shall be deemed approved.
(c) If the Commission issues an order approving the application for acquisition, the order shall include:
- (1) the rate making rate base of the selling utility, as determined under this subtitle; and
- (2) any conditions of approval that the Commission requires.
- (d) The tariff submitted under subsection (a)(5) of this section shall remain in effect until new rates are approved for the acquiring entity in a base rate case proceeding.
- (e) An appraisal conducted under this subtitle is presumed to be valid unless substantial evidence demonstrates a failure to adhere to the requirements of § 6-304 or § 6-305 of this subtitle.
Added by Acts 2018, c. 219, § 1, eff. Oct. 1, 2018; Acts 2018, c. 220, § 1, eff. Oct. 1, 2018.