Fortis Position regarding Conditions Sample Clauses

Fortis Position regarding Conditions. One might be tempted to suggest, as Xx. Xxxxx has19, that the easiest path to follow is simply to impose a few seemingly innocuous conditions. In our respectful submission, that would be a poor approach to the exercise of the Commission’s discretion. Indeed, it is an approach that likely represents an abuse of the Commission’s powers under the Act since it would not be founded upon an express finding, based on the record, that conditions or other requirements are “necessary or desirable in the public interest”. Nothing in the record of this proceeding raises any legitimate and relevant concerns of a detrimental affect resulting from the Transaction that must be ameliorated by conditions. We submit that the Commission has no jurisdiction to impose conditions unless such a finding is made based on the evidentiary record of the proceeding. In any case, there are several reasons for the Commission to decide not to impose conditions or other requirements: 1. While UtiliCorp offered to take on the UtiliCorp Conditions, the Commission’s approval of those conditions has resulted in an unfounded impression that, without those conditions, ANCBC and its customers are somehow vulnerable to abuses by the utility’s owner. In our submission, in circumstances where the Commission clearly has ample ongoing regulatory authority to deal with any potential abuse that the UtiliCorp Conditions were designed to prevent, such conditions are clearly not necessary or desirable in the public interest.20