# Transfers, Controlling Interest, and Mergers

**Citation:** 4 CCR 723-4 Rule 4104  
**Type / status:** regulation / current  
**Agency:** Colorado Public Utilities Commission  
**Effective:** Not stated  
**Published:** Not stated

(a) A utility seeking authority to do any of the following shall file an application pursuant to this rule: transfer a certificate of public convenience and necessity; transfer or obtain a controlling interest in a utility, whether the transfer of control is effected by the transfer of assets, by th

## Document text

(a) A utility seeking authority to do any of the following shall file an application
pursuant to this rule: transfer a certificate of public convenience and necessity;
transfer or obtain a controlling interest in a utility, whether the transfer of control
is effected by the transfer of assets, by the transfer of stock, by merger or by
other form of business combination; or transfer assets subject to the jurisdiction
of the Commission outside the normal course of business. A utility cannot
transfer a certificate of public convenience and necessity; transfer or obtain a
controlling interest in any utility; or transfer assets outside the normal course of
business without authority from the Commission.
(b) An application to transfer a certificate of public convenience and necessity, to
transfer or obtain a controlling interest in a utility, or to transfer assets subject to
the jurisdiction of the Commission shall include, in the following order and
specifically identified, the following information, either in the application or in
appropriately identified attachments:
(I) the information required in paragraphs 4002(b) and 4002(c), as pertinent
to each party to the transaction;

(II) a statement showing accounting entries, under the Uniform System of
Accounts, including any plant acquisition adjustment, gain, or loss
proposed on the books by each party before and after the transaction
which is the subject of the application;
(III) any agreement for merger, sales agreement, or contract of sale pertinent
to the transaction which is the subject of the application;
(IV) all facts showing that the transaction which is the subject of the application
is not contrary to the public interest;
(V) an evaluation of the benefits and detriments to the customers of each
party and to all other persons who will be affected by the transaction which
is the subject of the application; and.
(VI) a comparison of the kinds and costs of service rendered before and after
the transaction which is the subject of the application.
(c) An application to transfer a certificate of public convenience and necessity, an
application to transfer assets subject to the jurisdiction of the Commission, or an
application to transfer or obtain control of the utility may be made by joint or
separate application of the transferor and the transferee.
(d) When control of a utility is transferred to another entity, or the utility’s name is
changed, the utility which will afterwards operate under the certificate of public
convenience and necessity shall file with the Commission a tariff adoption notice,
shall post the tariff adoption notice in a prominent public place in each local office
and principal place of business of the utility, and shall have the tariff adoption
notice available for public inspection at each local office and principal place of
business. Adoption notice forms are available from the Commission. The tariff
adoption notice shall contain all of the following information:
(I) the name, phone number, and complete address of the adopting utility;
(II) the name of the previous utility;
(III) the number of the tariff adopted and the description or title of the tariff
adopted;
(IV) the number of the tariff after adoption and the description or title of the
tariff after adoption; and
(V) unless otherwise requested by the applying utility in its application, a
statement that the adopting utility is adopting as its own all rates, rules,
terms, conditions, agreements, concurrences, instruments, and all other
provisions that have been filed or adopted by the previous utility.

## Provenance

- Official: Yes
- Source: <https://www.sos.state.co.us/CCR/DisplayRule.do?action=ruleinfo&ruleId=2260&deptID=18&agencyID=96&deptName=Department%20of%20Regulatory%20Agencies&agencyName=Public%20Utilities%20Commission&seriesNum=4%20CCR%20723-4>
- Source ID: `co-sos-ccr`
- SHA-256: `fb9ebb0bfbb5fb9859e6c4e5cc9cec4486d0eceb8a361bd9c63ca58a8081aed4`
- Retrieved: 2026-08-12T04:36:48.096Z
- Exported: 2026-08-22T01:53:19.914Z
- Document slug: `co-ccr-4-723-4-4104`

### Source metadata

```json
{
  "jurisdiction": "US-CO",
  "code": "4 CCR 723-4",
  "ruleKey": "4104",
  "pipelineScope": "colorado-jurisdictional-gas-utilities",
  "legalScope": "Current 4 CCR 723-4 rules regulating Colorado jurisdictional gas utilities and gas master-meter operators, including construction, operation, system safety, gas infrastructure planning, metering, service, and enforcement provisions. This is an adjacent gas-utility corpus, not a replacement for the repealed dedicated 4900-series pipeline-safety rules.",
  "applicabilityCaveat": "Part 4 applies according to Colorado Public Utilities Commission jurisdiction and each rule's scope. The former dedicated pipeline-safety rules 4900 through 4975 are reserved after repeal; this connector does not represent them as current. Part 4 does not replace federal pipeline-safety requirements, determine whether a facility is interstate or intrastate, or resolve operator-specific orders, waivers, tariffs, or later rulemaking.",
  "references": [],
  "ruleInfoUrl": "https://www.sos.state.co.us/CCR/DisplayRule.do?action=ruleinfo&ruleId=2260&deptID=18&agencyID=96&deptName=Department%20of%20Regulatory%20Agencies&agencyName=Public%20Utilities%20Commission&seriesNum=4%20CCR%20723-4",
  "pucRulesUrl": "https://puc.colorado.gov/gasrulesandregulations",
  "ruleVersionId": "12549",
  "editionEffectiveOn": "2026-06-14",
  "publicationStatus": "The Colorado Secretary of State identifies the source as the official publication of state administrative rules. The edition date applies to the compiled rule version and is not represented as the effective date of every provision.",
  "rights": "Official state rule text is preserved with attribution and source links. Public accessibility does not imply rights in agency marks, third-party material, or incorporated standards; commercial redistribution requires review.",
  "region": "CO"
}
```
