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(d.1) Ratepayer referendum.--A ratepayer referendum shall be
conducted by a selling utility with a fair market value of
$1,000,000 or more. The following shall apply:
(1) Each ratepayer account shall be asked "Do you
approve the sale of (insert selling utility) to (insert
acquiring public utility or entity) for the sum of (fair
market value)?".
(2) At least 45 days before mailing a referendum ballot
to each ratepayer account under paragraph (3), a selling
utility shall notify each ratepayer account of the referendum
through a mailing of no more than two pages via the United
States mail at the cost of the acquiring public utility. The
Office of Consumer Advocate shall develop the mailing. The
acquiring public utility shall place a full page
advertisement in a newspaper of general circulation in the
municipalities served by the selling utility and may
additionally notify ratepayers of the referendum via
electronic mail, a publicly accessible Internet website and
any other method of communication. Each notice under this
paragraph shall at least contain, in plain language, the
maximum possible impact on a ratepayer account's utility
rates, fees or surcharges as a result of the acquisition.
(3) The selling utility shall mail each ratepayer
account, on a date determined by the selling utility, a
referendum ballot in a clearly marked envelope and provide
instructions on how a ratepayer may vote either via paper
ballot or a secure publicly accessible Internet website. A
failure to respond by a ratepayer account shall be deemed a
disapproval of the sale by the ratepayer account. Each ballot
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