Regulatory, Transaction And Closing Costs

(1) All regulatory, transaction and closing costs related to the acquiring utility’s purchase of the selling utility shall be reasonable and prudent in order to be recoverable from customers. UTILITY ACQUISITIONS CHAPTER 1220-04-14 (2) For purposes of setting post-acquisition rates and charges, the Commission may in the exercise of its lawful discretion allocate the regulatory, transaction and closing costs between the acquiring utility’s owners/shareholders and its customers in recognition of the relative benefits of the acquisition to each and in consideration of the affordability of post-acquisition rates. (3) For reasonable and prudent regulatory, transaction and closing costs recoverable from customers, the Commission may allow such costs to be deferred into a regulatory asset account and included as a regulatory asset in the acquiring utility’s rate base for future recovery by the acquiring utility unless such costs are to be recovered through another method approved by the Commission. (4) The Commission shall allow the acquiring utility to amortize any deferred regulatory, transaction and closing costs included as a regulatory asset in the acquiring utility’s rate base over a reasonable period of time not to exceed 20 years. (5) Regulatory, transaction and closing costs related to an acquisition application that is withdrawn by the acquiring utility or denied by the Commission shall not be recoverable from the acquiring utility’s existing customers.