20 CSR 4240-10.125
Filing Requirements for Electric, Gas, Water, Sewer, and Steam Heating Utility Applications for Authority to Issue Stock, Bonds, Notes, and Other Evidences of Indebtedness
PURPOSE: Applications to the commission for the authority to
issue stock, bonds, notes, or other evidences of indebtedness 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 issue stock, bonds, notes, and other
evidences of indebtedness shall contain the following:
(A) A brief description of the securities which applicant de
sires to issue;
(B) A statement of the purpose for which the securities are to
be issued and the use of the proceeds;
(C) Copies of executed instruments defining the terms of the
proposed securities—
1. If these instruments have been previously filed with
the commission, a reference to the case number in which the
instruments were furnished;
2. If these instruments have not been executed at the time
of filing, a statement of the general terms and conditions to
be contained in the instruments which are proposed to be
executed; and
3. If none of these instruments is either executed or to be
executed, a statement of how the securities are to be sold;
(D) A certified copy of resolutions of the directors of appli
cant authorizing the issuance of the securities;
(E) A balance sheet and income statement with adjustments
showing the effects of the issuance of the proposed securities
upon—
1. Bonded and other indebtedness; and
2. Stock authorized and outstanding;
(F) A statement of what portion of the issue is subject to the
fee schedule in section 386.300, RSMo; and
(G) A five- (5-) year capitalization expenditure schedule as
required by section 393.200, RSMo.
(2) 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 240-10.125. Original rule filed June 14, 2018, effective
Jan. 30, 2019. Moved to 20 CSR 4240-10.125, effective Aug. 28, 2019.
*Original authority: 386.250, RSMo 1939, amended 1963, 1967, 1977, 1980, 1987, 1988,
1991, 1993, 1995, 1996.