New York PBS Code § 69-A

Reorganizations
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§ 69-a. Reorganizations.  1. Reorganizations of gas corporations and\nelectric corporations pursuant to sections ninety-six and ninety-seven\nof the stock corporation law and such other statutes as may be enacted\nfrom time to time shall be subject to the supervision and control of the\ncommission, and no such reorganization shall be had without the\nauthorization of such commission.\n  2. Upon all such reorganizations the amount of capitalization,\nincluding therein all stocks and bonds and other evidence of\nindebtedness, shall be such as is authorized by the commission, which,\nin making its determination shall not exceed the fair value of the\nproperty involved, taking into consideration its original cost of\nconstruction, duplication cost, present condition, earning power at\nreasonable rates and all other relevant matters and any additional sum\nor sums as shall be actually paid in cash, provided, however, that the\ncommission may make due allowance for discount of bonds. Any\nreorganization agreement before it becomes effective shall be amended so\nthat the amount of capitalization shall conform to the amount authorized\nby the commission.\n

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