PSC-40-12-00011-P The Approval of the Acquisition of GenOn by NRG Through a Merger

10/3/12 N.Y. St. Reg. PSC-40-12-00011-P

NEW YORK STATE REGISTER

VOLUME XXXIV, ISSUE 40

October 03, 2012

RULE MAKING ACTIVITIES

PUBLIC SERVICE COMMISSION

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. PSC-40-12-00011-P

The Approval of the Acquisition of GenOn by NRG Through a Merger

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

The Commission is considering the approval of the acquisition of GenOn Energy, Inc. (GenOn) by NRG Energy, Inc. (NRG) through a merger transaction.

Statutory authority:

Public Service Law, section 70

Subject:

The approval of the acquisition of GenOn by NRG through a merger.

Purpose:

To consider the approval of the acquisition of GenOn by NRG through a merger.

Substance of proposed rule:

The Public Service Commission is considering a petition filed on August 2, 2012 requesting approval of the acquisition of GenOn Energy, Inc. (GenOn) by NRG Energy, Inc. (NRG) through a merger transaction. GenOn owns, indirectly, the 1,139 MW Bowline Generating Facility located in West Haverstraw and Hudson Valley Gas Corporation (HVGC), which transports gas fuel through its pipeline facilities to Bowline. NRG owns indirectly five generation facilities in New York totaling 3,923 MW in capacity, including the Arthur Kill Facility, an 867 MW facility on Staten Island; Astoria Gas Turbines, a 512 MW facility in Queens; the Dunkirk facility, a 530 MW facility in Dunkirk; the Huntley facility, a 380 MW facility in Huntley; and Oswego Harbor, a 1,634 MW facility in Oswego. After the merger, the combined companies would operate under NRG’s name. The Commission may adopt, reject or modify, in whole or in part, the relief proposed.

Text of proposed rule and any required statements and analyses may be obtained by filing a Document Request Form (F-96) located on our website http://www.dps.ny.gov/f96dir.htm. For questions, contact:

Leann Ayer, Public Service Commission, 3 Empire State Plaza, Albany, NY 12223-1350, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Jaclyn A. Brilling, Secretary, Public Service Commission, 3 Empire State Plaza, Albany, NY 12223-1350, [phone], email: [e-mail]

Public comment will be received until:

45 days after publication of this notice.

Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement

Statements and analyses are not submitted with this notice because the proposed rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act.

(12-E-0359SP1)