Texas Public Utility Commissioner Kenneth Anderson filed a memo outlining concerns that should be addressed in any change-in-control application for Oncor resulting from Energy Future Holdings' bankruptcy.

Most notably, Anderson said that the PUCT's review of a proposed transaction which would see an affiliate of Hunt Consolidated and other investors acquire Oncor should include the issue of, "Should the Commission prohibit AssetCo [the new owner of the Oncor assets] from owning any transmission and distribution assets outside of ERCOT because of jurisdictional considerations relating to the Federal Energy Regulatory Commission's authority?"

Anderson's other issues that he said the applicants should address stem from the continuing existence of a substantial amount of debt resulting from the 2007 TXU leveraged buyout, and the proposal to restructure Oncor so as to qualify EFH as a real estate investment trust (REIT).

Link to Memo