Text: H08927 Text: H08929 Text: H08900 - H08999 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend House File 2530 as follows:
1 2 #1. Page 73, line 8, by inserting after the word
1 3 "business." the following: "To the extent that a
1 4 delivery service provider that is an electric company
1 5 provides, transfers, or otherwise conveys any assets,
1 6 whether tangible or intangible, including labor and
1 7 capital, or goods or services other than tariffed
1 8 goods or services, to or for the benefit of such
1 9 provider's unregulated affiliates, the board, for the
1 10 purpose of establishing rates or otherwise assuring
1 11 compliance with this chapter and the rules of the
1 12 board, shall value such transactions at the market
1 13 price. If the market price cannot be determined, such
1 14 transactions shall be valued using the fully
1 15 distributed cost of such assets, goods, or services.
1 16 However, such valuation shall not apply to the use of
1 17 an electric company's name and logo or to transactions
1 18 under subsection 12, paragraph "a", subparagraph (4),
1 19 except for those assets, goods, or services which are
1 20 transferred or provided in such transaction to an
1 21 unregulated affiliate company which competes with
1 22 nonaffiliated persons engaged in the businesses
1 23 identified in subsection 11, paragraphs "a" and "b",
1 24 or in the business of installing and maintaining
1 25 plumbing and refrigeration equipment or in the
1 26 business of installing or maintaining electrical or
1 27 mechanical equipment on the end-use consumer's side of
1 28 the main disconnect. The board may implement, by
1 29 rule, order, or other appropriate action, the intent
1 30 of this subsection to prevent the creation of unfair
1 31 competitive advantage, maintain competition, and
1 32 protect consumers. In addition, the board, after
1 33 notice and opportunity for comment, may waive the
1 34 requirements of this paragraph with respect to
1 35 transfer pricing and adopt rules containing
1 36 alternative pricing methods provided such alternative
1 37 pricing methods are in the public interest and are
1 38 consistent with the intent of this subsection."
1 39 #2. Page 73, by striking lines 9 through 15 and
1 40 inserting the following:
1 41 "b. A delivery service provider that is an
1 42 electric company shall only provide regulated services
1 43 in a manner designed to avoid cross-subsidization of
1 44 unregulated services and in a manner that, as a result
1 45 of the provision of such services or as a result of
1 46 transactions with its unregulated affiliates, does not
1 47 confer an unfair competitive advantage upon such
1 48 affiliates which compete with nonaffiliated persons.
1 49 The board, upon complaint and for purposes of
1 50 achieving the objectives of paragraph "a" or this
2 1 paragraph, or to prevent unfair competition, shall
2 2 make such timely determinations as are necessary to
2 3 ascertain if a violation of paragraph "a" or this
2 4 paragraph, or a violation of the board's rules or an
2 5 order, has occurred."
2 6 #3. Page 77, by striking line 11 and inserting the
2 7 following:
2 8 "11. TREATMENT FOR CERTAIN NONUTILITY AFFILIATE
2 9 SERVICES. In addition to the requirements of
2 10 subsection 10, a delivery service".
2 11 #4. Page 77, line 15, by striking the word "and"
2 12 and inserting the following: "or".
2 13 #5. Page 77, line 35, by inserting after the word
2 14 "office." the following: "This subsection, with
2 15 respect to work other than that identified in this
2 16 subsection, shall not be construed to prohibit the use
2 17 of those employees of a delivery service provider that
2 18 is an electric company who are covered by a collective
2 19 bargaining agreement from performing, or being used in
2 20 the performance of, work for its affiliates; provided
2 21 that a delivery service provider that is an electric
2 22 company complies with all other provisions in this
2 23 chapter, including the prohibitions on cross-
2 24 subsidization and any relevant rules or orders issued
2 25 by the board, including transfer pricing rules,
2 26 regarding the use of such vehicles, service tools and
2 27 instruments, or employees."
2 28 #6. Page 78, line 1, by inserting after the word
2 29 "provider" the following: "that is an electric
2 30 company".
2 31 #7. Page 78, lines 2 and 3, by striking the words
2 32 "and employees to market its systems, services, and
2 33 equipment" and inserting the following: "or
2 34 employees".
2 35 #8. Page 151, line 15, by striking the words
2 36 "sales practices" and inserting the following:
2 37 "competitive or sales practices, including the
2 38 existence of a cross-subsidy".
2 39
2 40
2 41
2 42 HOFFMAN of Crawford
2 43 HF 2530.721 78
2 44 mj/cls
Text: H08927 Text: H08929 Text: H08900 - H08999 Text: H Index Bills and Amendments: General Index Bill History: General Index
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