Current through Register Vol. XLI, No. 24, June 14, 2024
Section 47-61-3 - Community Infrastructure Investment Program3.1. Prior to filing a formal application for a certificate, the public utility or the person intending to construct a community infrastructure project must file a "notice of intent" with the Secretary. This notice of intent must demonstrate a desire to construct the project under the provisions of this rule and must state the date the utility expects to file the application. The notice of intent must be filed as soon as possible, but no later than the date of filing of an application for any applicable Department permit or permit modification, whichever is earlier, or the filing of any applicable permit application with the Bureau for Public Health by the person responsible for the construction of the project facilities. If a permit has already been issued or an application for a permit has already been submitted as of the effective date of this rule, the requirement of this section will be waived.3.2. Application requirements. 3.2.a. A joint application from a person intending to construct a community infrastructure project and the public utility to which the project will be transferred must be filed with the Secretary on a prescribed form and must include all of the following: 3.2.a.1. Completed Form #CIIP-1;3.2.a.2. Utility's current rate tariff, proposed new tariff for the project, if applicable and annual budget;3.2.a.3. Utility's most recent two annual independent audited financial statements;3.2.a.4. Opinion of bond counsel with respect to existing bond covenants being satisfied as a result of transfer of the project;3.2.a.5. Attorney's preliminary opinion of title transfer that upon completion of the project the transfer will take place;3.2.a.6. Any applicable permits issued by the Department and/or Bureau for Public Health;3.2.a.7. An independent certified public accountant's cash flow analysis for the public utility's current operations and projected operations after the transfer of the project;3.2.a.8. A certified copy of the resolution of the governing body of the public utility authorizing the filing of an application.3.2.a.9. Evidence and documentation of public participation efforts conducted by the public utility, prior to the filing of this application;3.2.a.10. Proposed Agreement; and3.2.a.11. The application fee.3.3. An application for a certificate will not be deemed administratively complete unless all items are contained therein as described in Subdivision 3.2.a..3.4. A certified copy of the minutes of the meeting where the application resolution was adopted by the governing body of the public utility shall be filed with the Secretary within thirty (30) days from the date of filing of the application, unless, by mutual agreement among all the parties such time period is extended.3.5. Upon completion of his or her review of the application and attachments, the Secretary may require additional information as deemed appropriate in order to take final action on the application.