Acquisition by Fortis, Inc., Through Subsidiaries, of CH Energy Group, Inc. and, Indirectly, Ce...
NY-ADR
8/28/13 N.Y. St. Reg. PSC-35-13-00007-P
NEW YORK STATE REGISTER
VOLUME XXXV, ISSUE 35
August 28, 2013
RULE MAKING ACTIVITIES
PUBLIC SERVICE COMMISSION
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
I.D No. PSC-35-13-00007-P
Acquisition by Fortis, Inc., Through Subsidiaries, of CH Energy Group, Inc. and, Indirectly, Central Hudson Gas & Electric Corp
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
The Commission is considering what action to take on the Public Utility Law Project of N.Y., Inc.'s "objection" to GSS Holdings (CHGE), Inc. as holder of a golden share pursuant to the June 26, 2013 order approving acquisition of CH Energy Group, Inc.
Statutory authority:
Public Service Law, sections 4, 5 and 70
Subject:
Acquisition by Fortis, Inc., through subsidiaries, of CH Energy Group, Inc. and, indirectly, Central Hudson Gas & Electric Corp.
Purpose:
Determine the holder of the golden share required by the Commission's June 26, 2013 order approving the acquisition.
Substance of proposed rule:
The Public Service Commission is considering what action to take regarding an “Objection” filed July 18, 2013 in which Public Utility Law Project of New York, Inc. challenges the nomination of GSS Holdings (CHGE) to be appointed holder of a “golden share.” In a June 26, 2013 order in Case 12-M-0192, the Commission approved the acquisition by Fortis, Inc., through subsidiaries, of CH Energy Group, Inc. and, indirectly, Central Hudson Gas & Electric Corp. (CHGE). The Commission’s approval was conditioned on the creation of the golden share as a special class of CHGE preferred stock, to be held by a trustee whose consent is required before CHGE can enter into voluntary bankruptcy.
Text of proposed rule and any required statements and analyses may be obtained by filing a Document Request Form (F-96) located on our website http://www.dps.ny.gov/f96dir.htm. For questions, contact:
Deborah Swatling, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 486-2659, email: [email protected]
Data, views or arguments may be submitted to:
Kathleen H. Burgess, Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, (518) 474-6530, email: [email protected]
Public comment will be received until:
45 days after publication of this notice.
Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement
Statements and analyses are not submitted with this notice because the proposed rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act.
(12-M-0192SP4)
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