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Code · STATUTE-COMPILATIONS · Energy Policy Act of 2005 · Sec. 1289

Sec. 1289. MERGER REVIEW REFORM

276 words·~1 min read·/statute-compilations/comps-10914/sec-1289

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## SEC. 1289 MERGER REVIEW REFORM ###
(a)In General Section 203(a) of the Federal Power Act (16 U.S.C. 824b(a)) is amended to read as follows: > > ### “(a) > > > ####
(1)> > No public utility shall, without first having secured an order of the Commission authorizing it to do so— > > > ##### “(A) > > sell, lease, or otherwise dispose of the whole of its facilities subject to the jurisdiction of the Commission, or any part thereof of a value in excess of $10,000,000; > > > ##### “(B) > > merge or consolidate, directly or indirectly, such facilities or any part thereof with those of any other person, by any means whatsoever; > > > ##### “(C) > > purchase, acquire, or take any security with a value in excess of $10,000,000 of any other public utility; or > > > ##### “(D) > > purchase, lease, or otherwise acquire an existing generation facility— > > > ###### “(i) > > that has a value in excess of $10,000,000; and > > > ###### “(ii) > > that is used for interstate wholesale sales and over which the Commission has jurisdiction for ratemaking purposes. > > > #### “(2) > > No holding company in a holding company system that includes a transmitting utility or an electric utility shall purchase, acquire, or take any security with a value in excess of $10,000,000 of, or, by any described in subsection
(a)in which there is not a final, nonappealable order by the Commission or any other jurisdiction determining the respective rights of the seller.” > ## Subtitle H Definitions
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Sec. 1289
MERGER REVIEW REFORM
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