Approval of proposed mergers, consolidations, acquisitions or dispositions - 66 Pa. Cons. Stat. § 2210

Legal Research Home > Pennsylvania Statutes

     § 2210.  Approval of proposed mergers, consolidations,
                acquisitions or dispositions.
        (a)  General rule.--In the exercise of authority the
     commission otherwise may have to approve mergers or
     consolidations involving natural gas distribution companies or
     natural gas suppliers or the acquisition or disposition of
     assets or securities of natural gas distribution companies or
     natural gas suppliers, the commission shall consider:
            (1)  Whether the proposed merger, consolidation,
        acquisition or disposition is likely to result in
        anticompetitive or discriminatory conduct, including the
        unlawful exercise of market power, which will prevent retail
        gas customers from obtaining the benefits of a properly
        functioning and effectively competitive retail natural gas
        market.
            (2)  The effect of the proposed merger, consolidation,
        acquisition or disposition on the employees of the natural
        gas distribution company and on any authorized collective
        bargaining agent representing those employees.
        (b)  Procedure.--Upon request for any approval identified in
     subsection (a), the commission shall provide notice and an
     opportunity for open, public evidentiary hearings. If the
     commission finds, after hearing, that a proposed merger,
     consolidation, acquisition or disposition is likely to result in
     anticompetitive or discriminatory conduct, including the
     unlawful exercise of market power, which will prevent retail gas
     customers from obtaining benefits of a properly functioning and
     effectively competitive retail natural gas market, the
     commission shall not approve such proposed merger,
     consolidation, acquisition or disposition, except upon such
     terms and conditions as it finds necessary to preserve the
     benefits of a properly functioning and effectively competitive
     retail natural gas market.
        (c)  Preservation of rights.--Nothing in this section shall
     restrict the right of any party to pursue any other remedy
     available to it.

Last modified: November 27, 2007