NASUCA, along with the American Public Power Association, Small Business Association, National Electrical Contractors Association, and others filed comments as "Consumer Intervenors" on an SEC Concept release seeking comments on the legality and desirability of acquisitions of U.S. utilities by foreign entities.

"While foreign and domestic acquirers are subject to the same statutory standards, the application of those standards must take into account real factual differences," NASUCA and the "Consumer Intervenors" said. "To the extent facts relating to foreign acquirers differ from those of domestic acquirers, the application of the statutory standards may vary."

NASUCA and the Consumer Intervenors said there were national security concerns when it comes to control of the transmission network, generation and distribution resources. "A foreign company is likely to have its Board of Directors comprised of members whose loyalty and accountability reside elsewhere."

FERC’s Order 2000 should apply to foreign acquirers, NASUCA and the Consumer Intervenors said. "Participation by foreign acquirers in a FERC-approved regional transmission organization or and/or natural gas pipeline should be a condition of any Commission finding that the acquisition satisfies the "economical and efficient development" test of Section 10(c)(2)."

Access to foreign books and records, restrictions on interaffiliate transactions, protection against diminution of competition, and divestiture of substantial non-utility business interests are also very important to protect consumers, NASUCA and the Consumer Intervenors said.

"Where acquisitions by a foreign company trigger provisions of PUHCA, the Commission should apply the statute faithfully."

A copy of the filed comments can be found at www.nasuca.org.