{"operation":"document","citation":"4 CCR 723-4 Rule 4104","title":"Transfers, Controlling Interest, and Mergers","source_type":"regulation","agency":"Colorado Public Utilities Commission","status":"current","official":true,"published_on":null,"effective_on":null,"summary":"(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","machine_formats":{"json":"https://regulus.evalyn.ai/document/co-ccr-4-723-4-4104.json","markdown":"https://regulus.evalyn.ai/document/co-ccr-4-723-4-4104.md"},"app_url":"https://regulus.evalyn.ai/document/co-ccr-4-723-4-4104","source_url":"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","body":"(a) A utility seeking authority to do any of the following shall file an application\npursuant to this rule: transfer a certificate of public convenience and necessity;\ntransfer or obtain a controlling interest in a utility, whether the transfer of control\nis effected by the transfer of assets, by the transfer of stock, by merger or by\nother form of business combination; or transfer assets subject to the jurisdiction\nof the Commission outside the normal course of business. A utility cannot\ntransfer a certificate of public convenience and necessity; transfer or obtain a\ncontrolling interest in any utility; or transfer assets outside the normal course of\nbusiness without authority from the Commission.\n(b) An application to transfer a certificate of public convenience and necessity, to\ntransfer or obtain a controlling interest in a utility, or to transfer assets subject to\nthe jurisdiction of the Commission shall include, in the following order and\nspecifically identified, the following information, either in the application or in\nappropriately identified attachments:\n(I) the information required in paragraphs 4002(b) and 4002(c), as pertinent\nto each party to the transaction;\n\n(II) a statement showing accounting entries, under the Uniform System of\nAccounts, including any plant acquisition adjustment, gain, or loss\nproposed on the books by each party before and after the transaction\nwhich is the subject of the application;\n(III) any agreement for merger, sales agreement, or contract of sale pertinent\nto the transaction which is the subject of the application;\n(IV) all facts showing that the transaction which is the subject of the application\nis not contrary to the public interest;\n(V) an evaluation of the benefits and detriments to the customers of each\nparty and to all other persons who will be affected by the transaction which\nis the subject of the application; and.\n(VI) a comparison of the kinds and costs of service rendered before and after\nthe transaction which is the subject of the application.\n(c) An application to transfer a certificate of public convenience and necessity, an\napplication to transfer assets subject to the jurisdiction of the Commission, or an\napplication to transfer or obtain control of the utility may be made by joint or\nseparate application of the transferor and the transferee.\n(d) When control of a utility is transferred to another entity, or the utility’s name is\nchanged, the utility which will afterwards operate under the certificate of public\nconvenience and necessity shall file with the Commission a tariff adoption notice,\nshall post the tariff adoption notice in a prominent public place in each local office\nand principal place of business of the utility, and shall have the tariff adoption\nnotice available for public inspection at each local office and principal place of\nbusiness. Adoption notice forms are available from the Commission. The tariff\nadoption notice shall contain all of the following information:\n(I) the name, phone number, and complete address of the adopting utility;\n(II) the name of the previous utility;\n(III) the number of the tariff adopted and the description or title of the tariff\nadopted;\n(IV) the number of the tariff after adoption and the description or title of the\ntariff after adoption; and\n(V) unless otherwise requested by the applying utility in its application, a\nstatement that the adopting utility is adopting as its own all rates, rules,\nterms, conditions, agreements, concurrences, instruments, and all other\nprovisions that have been filed or adopted by the previous utility.","truncated":false,"body_characters":3597}