VIII. Discussion
Applicants seek approval of the proposed transfer of control pursuant to Pub. Util. Code § 854. Section 854(a) states, in relevant part, as follows:
No person or corporation...shall merge, acquire, or control...any public utility organized and doing business in this state without first securing authorization to do so from the commission...Any merger, acquisition, or control without that prior authorization shall be void of no effect.
The Commission has broad discretion to determine if it is in the public interest to authorize a transaction pursuant to § 854(a).2 The primary standard used by the commission to determine if a transaction should be authorized under § 854(a) is whether the transaction will adversely affect the public interest.3 The Commission may also consider if the transaction will serve the public interest.4
For the following reasons, we conclude that it is reasonable to grant this application. First, New Edge will continue to operate as it has in the past, using the same name and operating authority. Second, the public may benefit from the transfer of control to the extent the transaction enhances the ability of New Edge to maintain and expand its services and operations in California. Third, there is no opposition to this application. For these reasons, we see no reason to withhold authority for the transfer of control before us here.
2 D.95-10-045, 1995 Cal. PUC LEXIS 901, *18-19.
3 D.00-06-079, p. 13.
4 D.00-06-005, 2000 Cal. PUC LEXIS 281, *4.
