Filing Requirements for Electric, Gas, Water, Sewer, and Steam Heating Utility Applications for Authority to Merge or Consolidate

PURPOSE: Applications to the commission for the authority to merge or consolidate must meet the requirements set forth in this rule. As noted in the rule, additional requirements pertaining to such applications are set forth in 4 CSR 240-2.060(1). (1) In addition to the requirements of 4 CSR 240-2.060(1), ap plications for authority to merge or consolidate shall include: (A) A copy of the proposed plan and agreement of corporate merger and consolidation, including organizational charts depicting the relationship of the merging entities before and after the transaction; (B) A certified copy of the resolution of the board of directors AND INSURANCE of each applicant authorizing the proposed merger and con solidation; (C) The balance sheets and income statements of each appli cant and a balance sheet and income statement of the surviv ing corporation; (D) The reasons the proposed merger is not detrimental to the public interest; (E) An estimate of the impact of the merger on the company’s Missouri jurisdictional operations relative to the merger and acquisition in question; and (F) A statement of the impact, if any, the merger or consolida tion will have on the tax revenues of the political subdivision in which any structures, facilities, or equipment of the companies involved are located. (2) If the purchaser is not subject to the jurisdiction of the com mission, but will be subject to the commission’s jurisdiction after the sale, the purchaser must comply with these rules. (3) If any of the items required under this rule are unavailable at the time the application is filed, they shall be furnished prior to the granting of the authority sought. AUTHORITY: section 386.250, RSMo 2016.* This rule originally filed as 4 CSR 240-10.115. Original rule filed June 14, 2018, effective Jan. 30, 2019. Moved to 20 CSR 4240-10.115, effective Aug. 28, 2019. *Original authority: 386.250, RSMo 1939, amended 1963, 1967, 1977, 1980, 1987, 1988, 1991, 1993, 1995, 1996.