| | | A complaint filed under this section must specify, to the | extent possible, the nature and extent of the alleged competitive | advantage and the basis for the belief that a competitive | advantage exists. The utility shall respond to the complaint | within 10 days of receiving notice from the commission of the | complaint. Within 10 days of receiving the utility's response, | the commission shall determine whether the complaint is clearly | intended to harass or delay, is frivolous or is clearly without | merit. |
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| | | For the purposes of this section, the term "affiliated | | interest" has the same meaning as in section 707, subsection 1, | | paragraph A. |
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| | | This bill removes the requirement that when intangible assets | | of a utility, including good will or use of a brand name, are | | used by an affiliated interest of a utility, the utility must be | | paid by the affiliated interest for the use of those assets. The | | bill removes the authority of the Public Utilities Commission to | | do the following: |
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| | | 1. Allocate between a utility's shareholders and ratepayers | | costs for intangible assets, including good will or use of brand | | name, that are shared between regulated and unregulated business | | activities undertaken by a utility or an affiliated interest; |
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| | | 2. Attempt to ensure that the utility or the affiliated | | interest does not have an undue advantage in any competitive | | market as a result of its regulated status or its affiliation | | with a regulated utility; and |
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| | | 3. Act upon complaints by entities competing with a utility | | or an affiliated interest in an unregulated market, alleging that | | the utility or affiliated interest has an undue competitive | | advantage as a result of any relationship with the parent or | | affiliated regulated utility. |
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