Ala. Admin. Code r. 770-X-8-.04

Current through Register Vol. 43, No. 1, October 31, 2024

Section 770-X-8-.04 - Transfer Of Certificates

(1) Application for approval of proposed assignment or transfer of a certificate, facilities or any portion thereof, or capital stock of a utility subject to regulation under Chapter 37-4, Code of Ala. 1975, shall be fully documented and supported to show that the proposed action is in the public interest.

(2) The original and two (2) copies of the application shall be filed with the Alabama Public Service Commission.

(3) Contents and number of copies of the transfer application for approval of pro-posed assignment and transfer shall include:

(a) The full name and address of the seller.

(b) The full name and address of the buyer.

(c) The type of business organization of the buyer, (corporation, partnership, individual proprietorship).

(d) If the buyer is a corporation, list the names and addresses of corporate officers and directors.

(e) If the buyer is other than a corporation, list the names and addresses of the owners thereof.

(f) If the buyer is other than an individual proprietorship, list the date and state of incorporation or organization.

(g) List the names and locations of any other public utilities owned by the buyer.

(h) Plans for any future expansion and anticipated customer increase.

(i) Daily and monthly peak demands on the system.

(j) Schedule showing all rates, classifications, and charges for services furnished and all rules and regulations to be used should the application be approved.

(k) Copy of the contract of sale. An executed copy of the contract of sale of a certificate or a system or a portion thereof.

(l) Customers' deposits and interest thereon.

(m) Guaranteed revenue contracts, disposition of.

(n) Developer agreements.

(o) Debt of the utility.

(p) Purchase price and terms of payment.

(q) A detailed list of the assets purchased and liabilities assumed.

(4) Statement of the buyer as to how the purchase is being financed.

(5) Statement of facts relied upon by the applicant to show that the transfer is in the public interest, including a summary of the proposed buyer's experience in water utility operation and a showing of financial ability to provide the service.

(6) Applicant should be prepared to provide proof of publication of the advertisement required by the Alabama Public Service Commission.

(7)Expansion of a Certificated Area

(a) Application for approval of expansion of a certificated area should include:

1. Detailed facility map, plans, and specifications of proposed expansion area showing location and size of water system.

2. Applicant must demonstrate ability to supply existing, as well as new customers, in service expansion area with an adequate source of water.

3. Number of new customers for each classification and expected peak monthly usage for each classification.

4. Expected number of customers for each classification for each year ending for the next five years.

5. All expenses associated with expanding the system and the method of financing such an expansion.

Ala. Admin. Code r. 770-X-8-.04

Effective October 1988. Filed with LRS February 5, 2013. Filed for Codification in the Alabama Administrative Code by the Alabama Public Service Commission on February 5, 2013, pursuant to Code of Ala. 1975, § 41-22-7.

Author: Alabama Public Service Commission

Statutory Authority:Code of Ala. 1975, §§ 37-1-32, 37-1-38, 37-4-1, 37-4-28, 37-4-29, 37-4-40, 37-4-41, 37-4-42.