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<section article="gpu" article_name="Public Utilities" number="6-301" title_number="6" title_name="Business Structure" subtitle_number="3" subtitle_name="Acquisition of Water Companies and Sewage Disposal Companies">
  <level label="a">
    <text>In this subtitle the following words have the meanings indicated.</text>
  </level>
  <level label="b">
    <text>“Acquiring entity” means:</text>
    <level label="1">
      <text>a water company or a sewage company that is acquiring a selling utility as the result of a voluntary arm’s length transaction between the buyer and seller; or</text>
    </level>
    <level label="2">
      <text>another person that:</text>
      <level label="i">
        <text>is acquiring a selling utility as the result of a voluntary arm’s length transaction between the buyer and seller; and</text>
      </level>
      <level label="ii">
        <text>has applied to the Commission, directly or through an affiliate, for authority to operate as a public service company in the State.</text>
      </level>
    </level>
  </level>
  <level label="c">
    <text>“Affiliate” has the meaning stated in § 7–501 of this article.</text>
  </level>
  <level label="d">
    <text>“Construction allowance” means an accounting practice that recognizes the capital costs, including debt and equity funds that are used to finance the construction costs of an improvement to a selling utility’s assets by an acquiring entity.</text>
  </level>
  <level label="e">
    <text>“Fair market value” means the average of the two utility valuation expert appraisals conducted under § 6–304 of this subtitle.</text>
  </level>
  <level label="f">
    <text>“Selling utility” means a water company or a sewage disposal company or any other water service or sewage disposal service provider in the State, including any State, county, or municipal water service provider or sewage disposal service provider that is being purchased by an acquiring entity as the result of a voluntary arm’s length transaction between the buyer and seller.</text>
  </level>
  <level label="g">
    <text>“Utility valuation expert” or “expert” means a person hired by an acquiring public utility and selling utility for the purpose of conducting an economic valuation of the selling utility to determine its fair market value.</text>
  </level>
</section>
