ALJ/TIM/abw DRAFT Item 5

12/7/2000

Decision DRAFT DECISION OF ALJ KENNEY (Mailed 11/7/2000)

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

In the Matter of the Joint Application of NetMoves Corporation (U-5242-C), Certain Shareholders of NetMoves Corporation, and Mail.com Inc., for Approval of an Agreement and Plan of Merger and Related Transactions.

Application 00-02-014

(Filed on February 10, 2000;

amended on April 14, 2000)

O P I N I O N

1. Summary

This decision grants Application (A.) 00-02-014 to the extent the application requests perspective authority under Pub. Util. Code § 854¹ for Mail.com, Inc. (Mail.com) to acquire NetMoves Corporation (NetMoves). This decision denies A.00-02-014 to the extent the application requests retroactive authority for the acquisition. Finally, this decision requires Mail.com and NetMoves to pay a fine of $5,000.00 for their failure to comply with § 854.

¹ All statutory references are to the Public Utilities Code unless otherwise indicated.