§ 131E-192.9. Periodic reports.
§ 131E‑192.9. Periodic reports.
(a) During the time that a certificate is in effect, a report ofactivities pursuant to the cooperative agreement must be filed every two yearswith the Department on or before the anniversary date on which the certificate wasissued. A copy of the periodic report shall be submitted to the AttorneyGeneral at the same time that it is filed with the Department. A report shallinclude all of the following:
(1) A description of the activities conducted pursuant to theagreement.
(2) Price and cost information.
(3) The nature and scope of the activities pursuant to theagreement anticipated for the next two years, the likely effect of thoseactivities.
(4) A signed certificate by each party to the agreement that thebenefits or likely benefits of the cooperative agreement as conditionedcontinue to outweigh the disadvantages or likely disadvantages of any reductionin competition from the agreement as conditioned.
(5) Any additional information requested by the Department orthe Attorney General.
The Department shall give public notice in the North Carolina Registerthat a report has been received. After notice is given, the public shall have30 days to file written comments on the report and on the benefits anddisadvantages of continuing the certificate of public advantage. Periodicreports, public comments, and information submitted in response to a requestshall be public records as set forth in Chapter 132 of the General Statutes.
(b) Failure to file a periodic report required by this sectionafter notice of default or failure to provide information requested pursuant toa review under G.S. 131E‑192.8 is grounds for the revocation of the certificate by the Attorney General or the Department.
(c) The Department shall review each periodic report, publiccomments, and information submitted in response to a request under G.S. 131E‑192.8to determine whether the advantages or likely advantages of the cooperativeagreement continue to outweigh the disadvantages or likely disadvantages of anyreduction in competition from the agreement, and to determine what, if any,changes in the conditions of the certificate should be made. In the review theDepartment shall consider the benefits and disadvantages set forth in G.S. 131E‑192.4. Within 60 days of the filing of a periodic report, the Department shalldetermine whether the certificate should remain in effect and whether anychanges to the conditions in the certificate should be made. The Departmentmay extend the review period an additional 30 days. If either the Departmentor the Attorney General determines that the parties to a cooperative agreementhave not complied with any condition of the certificate, the Department or theAttorney General shall revoke the certificate and the parties shall benotified. If the certificate is revoked, the parties shall be entitled to nobenefits under this Article, beginning on the date of revocation. If theDepartment determines that the certificate should remain in effect and theAttorney General has not stated any objection to the certificate remaining ineffect during the review period, the certificate shall remain in effect subjectto any changes in the conditions of the certificate imposed by the Department. The parties shall be notified in writing of the Department's decision and ofany changes in the conditions of the certificate. The Department shall publishits decision and any changes in the conditions in the North Carolina Register.
If the Department determines that the benefits or likely benefits ofthe agreement and the unavoidable costs of terminating the agreement do notcontinue to outweigh the disadvantages or likely disadvantages of any reductionin competition from the agreement, or if the Attorney General objects to the certificateremaining in effect based upon a review of the benefits and disadvantages setforth in G.S. 131E‑192.4, the Department shall notify the parties to theagreement in writing of its determination or the objections of the AttorneyGeneral and shall provide a summary of any concerns of the Department orAttorney General to the parties. (1993, c. 529, s. 5.2.)