NAC704.79989. Application for authorization of proposed transaction: Inclusion of information on facilities.

An application for authorization of a proposed transaction must include information relating to the facilities of the parties to the proposed transaction, including, without limitation:

     1. If the proposed transaction involves the disposition of physical facilities:

     (a) Maps that show the locations of the assets which will be disposed.

     (b) A plan that sets forth the manner in which the facilities will be disposed. The plan must include, without limitation:

          (1) A detailed description of the methods that the parties to the proposed transaction will use to identify and select buyers, and to determine the purchase price, including a chronology of the steps that the parties to the proposed transaction will take;

          (2) An evaluation of whether the disposition of the assets will result in a purchase that is above or below the book cost of the assets;

          (3) A proposal regarding the manner in which the parties to the proposed transaction will allocate any overage or underage of the sales price, in relation to the book cost of the assets, between ratepayers and shareholders of the parties and among classes of ratepayers of the parties; and

          (4) An explanation of the effect of the disposition on bondholders of the parties to the proposed transaction, including, without limitation, a detailed explanation of any of the rights of the bondholders that will be affected by the disposition and the manner in which those rights will be honored.

     (c) If authorization of the proposed disposition by any municipal, state or federal regulatory body other than the Commission is required, a copy and an explanation of all state statutes and rules with which the parties to the proposed transaction and the purchasers of the disposed assets will be required to comply.

     2. Information relating to the transmission facilities of the parties to the proposed transaction, including, without limitation:

     (a) Data concerning the transmission capability for each of the transmission paths, interfaces or other facilities used by suppliers to deliver energy to the destination markets. The data must be on an hourly basis for the 2 years immediately preceding the date of the application and include, without limitation:

          (1) The name of the transmission path, interface or facility;

          (2) The total transfer capability; and

          (3) The firm available transmission capability.

Ê If simultaneous transmission capability is available, the application must include that fact.

     (b) For each existing transmission facility which was constrained during the 2 years immediately preceding the date of the application or which is expected to be constrained within the 3 years immediately following the date of the application, the parties to the proposed transaction must provide, without limitation:

          (1) Information regarding expected changes in loadings on transmission facilities as a result of the proposed transaction and the consequent effect on transfer capability; and

          (2) To the extent possible, system maps showing the location of transmission facilities where binding constraints have been known or are expected to occur that include:

               (I) The name of each path, interface or facility affected by the constraint;

               (II) The locations of the constraint and each path, interface or facility affected by the constraint;

               (III) The hours of the year in which the constraint is binding; and

               (IV) The system conditions under which the constraint is binding.

     (c) For each potential supplier to a destination market that holds firm transmission rights on a transmission path, interface or facility necessary to deliver energy from a potential supplier, including the supplier itself, to the destination market, the application must include:

          (1) The name of the supplier and transmission path, interface or facility; and

          (2) The number of the rate schedule on file with the Federal Energy Regulatory Commission under which transmission service is provided, if applicable, and a description of the firm transmission rights held, including, without limitation, quantity and remaining time that the rights will be held and any relevant time restrictions on transmission use, such as peak or off-peak rights.

     (d) Information concerning any interruptions, curtailments and denials of transmission service, including, without limitation, failures to provide transmission service after a request for service that was not withdrawn, on the systems of the parties to the proposed transaction for the 2 years immediately preceding the date of the application. The information must include, without limitation:

          (1) The name of the customer or entity whose transmission service was interrupted, curtailed or denied;

          (2) The type, quantity and duration of the service provided to the customer or entity;

          (3) The date and length of time during which the transmission service was interrupted, curtailed or denied;

          (4) The reason given for the interruption, curtailment or denial;

          (5) The transmission path; and

          (6) The reservations or other use anticipated on the affected transmission path at the time when the service of the customer or entity was interrupted, curtailed or denied.

     (e) Data or analyses on the effect that the proposed transaction is expected to have on the transmission capability of the resulting energy utility, including, without limitation, data and analyses on:

          (1) Any dispatch changes, and the manner in which such changes will affect transmission use; and

          (2) The new markets that may be served by the resulting energy utility and the transmission services planned to reach those markets.

     3. If the systems of the parties to the proposed transaction are not interconnected, documents showing any current plans for interconnection and, to the extent that no current plans exist, an analysis showing whether interconnection is physically feasible and, if so, the magnitude of the costs of the interconnection.

     4. An assessment of the effects of the proposed transaction on the quality of service and reliability of the system of the resulting energy utility. The assessment must include a proposal for:

     (a) Measuring and reporting on the performance of the resulting energy utility relating to customer satisfaction, reliability of service, the safety of the system and the business office of the resulting energy utility; and

     (b) Imposing penalties for any shortfalls in such performance.

     5. An identification, by types and estimated annual quantities, of inter-affiliate transactions that will occur after the transaction is completed and an explanation of the extent, if any, of federal preemption of the authority of the Commission which will result upon the completion of the proposed transaction.

     (Added to NAC by Pub. Utilities Comm’n by R128-98, eff. 12-3-99)