N.H. Admin. Code § Puc 308.12

Current through Register No. 50, December 12, 2024
Section Puc 308.12 - F-4 Authority to Issue Securities
(a) When a utility seeks authority to issue securities, a utility shall complete a file Form F-4 dated 9/2012 and available at the commission's website at www.puc.nh.gov/forms, and file one signed original and one electronic copy with the commission.
(b) Each utility shall file with Form F-4:
(1) An application for leave to issue securities pursuant to RSA 369:3 including a statement in reasonable detail of the purpose of the security, any proposed additions, construction or working capital requirements together with, if applicable, any proposed construction budget;
(2) "Estimated Cost of Financing" showing entries for all items which contribute to the estimated cost of financing including, but not limited to, legal costs, printing, documentary tax, trustee services, financial services;
(3) "Balance Sheet" showing the current balance sheet adjusted for financing with amounts for actual, adjustments and as adjusted;
(4) "Income Statement" showing current income statement adjusted for financing including new interest, depreciation and taxes with amounts for actual, adjustments and as adjusted;
(5) "Source and Application of Funds and Capitalization" showing a statement of capitalization ratios after giving effect to the proposed financing, including 3 years of history and 3 years of forecast data;
(6) Resolution of the petitioner's stockholders, board of directors, partners or other governing body of petitioner, as appropriate, authorizing the proposed financing;
(7) Copy of the private placement memorandum for long term financing including any letter of commitment from a lender stating details of financing;
(8) Copy of the proposed promissory note and mortgage;
(9) Copy of terms of new common or preferred stock;
(10) An original and 5 copies of the petition and exhibits; and
(11) The full name, title and signature of the utility employee who supervised the preparation of the report.
(c) By submitting or signing a form F-4 petition, the persons submitting the form shall agree to comply with the certification requirement as set forth in (e) below.
(d) Each utility shall provide in connection with a petition for authority to issue securities a signed certification which shall provide as follows:

"The petitioner utility company believes and, therefore, alleges that the securities to be issued will be consistent with the public good and that it is entitled to issue said securities under RSA 369 for the purposes set forth in its petition."

N.H. Admin. Code § Puc 308.12

#2011, eff 5-4-82; ss by #2912, eff 11-26-84; ss by #4999, eff 11-26-90; ss by #6381, INTERIM, eff 11-27-96, EXPIRED: 3-27-97

New. #6605, eff 10-21-97; ss by #8448, eff 10-18-05

Adopted byVolume XXXIV Number 24, Filed June 12, 2014, Proposed by #10603, Effective 5/21/2014, Expires5/21/2024 .