Statutes, codes, and regulations
Delaware Administrative Code
Title 26 - Public UtilitiesGeneral RegulationsMinimum Filing Requirements for All Regulated Companies Subject to the Jurisdiction of the Public Service Commission General Information
Part D - Issuance of Securities - All Utilities
Section 1002-D-3.0 - Formal Application for Approval

26 Del. Admin. Code § 1002-D-3.0

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Current through Register Vol. 27, No. 12, June 1, 2024
Section 1002-D-3.0 - Formal Application for Approval
3.1 General Information (Where information is unavailable at the time of filing of the application, state the reason for such unavailability and supply estimates or explanatory material as appropriate.)
3.1.1 Name and address of the applicant.
3.1.2 Name and address of the applicant's attorney (if any).
3.1.3 Ownership of the voting stock of the applicant.
3.1.4 A detailed description of the securities to be issued.
3.1.5 A detailed statement of the reason or reasons for the securities issue including a description of new property to be constructed from the proceeds of such new issue.
3.1.5.1 If the purpose of the new issue is to retire or reduce short-term debt, such as bank loans, provide a description of the purpose for which the short-term debt was incurred.
3.1.5.2 If the purpose of the new issue is to refund a maturing issue of securities, include a description of the securities to be refunded.
3.1.6 Provide a statement which sets forth the specific reasons why the type and amount of the proposed security issue was selected.
3.1.7 A copy of the most recent SEC Form 10-K and 10-Q if the applicant is required to make such filings by the Securities and Exchange Commission.
3.1.8 A copy of the registration statement or prospectus if the proposed new securities are to be registered.
3.1.9 A copy of the Opinion of Counsel with respect to the legality of the proposed new issue.
3.1.10 Copies of all documents relative to the proposed new issue such as loan agreements, supplemental indentures, note agreements, amended charter terms, etc.
3.2 Required Schedules to Be Completed
3.2.1 Public Offerings of Common Stock. Complete Schedules 1, 2 and 3 as appropriate.
3.2.2 Sales of Long-Term Debt. Complete Schedules 1, 2 and 3.
3.2.3 Sales of Preferred Stock. Complete Schedules 1, 2 and 3.
3.2.4 If more than one type of security issuance is included in the application, complete Schedules 1, 2 and 3 as appropriate.

26 Del. Admin. Code § 1002-D-3.0

27 DE Reg. 890 (5/1/2024) (Final)