ALJ/JAR/jva Mailed 11/10/2004
Decision 04-11-010 November 10, 2004
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
Joint Application of Evercom Systems, Inc. (U-6888-C) and H.I.G. Capital Partners III, LP |
Application 04-08-001 (Filed August 2, 2004) |
OPINION GRANTING REQUEST TO ACQUIRE INDIRECT CONTROL
Summary
Evercom Systems, Inc. (Evercom) and H.I.G. Capital Partners III, LP (H.I.G.) (jointly, the Applicants) seek authorization for H.I.G. to acquire indirect control over Evercom in accordance with the Agreement and Plan of Merger that they have submitted. The request is granted.
Jurisdiction
Applicants filed this matter pursuant to Pub. Util. Code § 854 and Rule 35 of the Commission's Rules of Practice and Procedure. Section 854 precludes any person or corporation from transferring direct or indirect control of any public utility organized and doing business in California without first securing authorization to do so from this Commission upon a finding that the transfer is in the public interest. The purpose of this and related sections is to enable the Commission, before any transfer of public utility property is consummated, to review the situation and to take such action as the public interest may require. (In the Matter of the San Jose Water Company 10 California Railroad Commission 56 (May 10, 1916).)
