[Code of Federal Regulations]
[Title 18, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 18CFR34.3]

[Page 240-241]
 
           TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES
 
  CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY
 
PART 34_APPLICATION FOR AUTHORIZATION OF THE ISSUANCE OF SECURITIES OR 
THE ASSUMPTION OF LIABILITIES--Table of Contents
 
Sec. 34.3  Contents of application for issuance of securities.

    Each application to the Commission for authority to issue securities 
shall contain the information specified in this section. In lieu of 
filing the information required in paragraphs (e), (i) and (j) of this 
section, a specific reference may be made to the portion of the 
registration statement filed under Sec. 34.4(f), which includes the 
information required in these paragraphs.
    (a) The official name of the applicant and address of its principal 
business office.
    (b) The State in which the utility is incorporated, the date of 
incorporation, and each State in which it operates.
    (c) The name, address and telephone number of a person within the 
utility authorized to receive notices and communications with respect to 
the application.
    (d) The date by which Commission action is requested.
    (e) A full description of the securities proposed to be issued, 
including:
    (1) Type and nature of securities;
    (2) Amount of securities (par or stated value and number of units);
    (3) Interest or dividend rate, if any;
    (4) Dates of issuance and maturity;
    (5) Institutional rating of the securities--or if the securities are 
not rated, an explanation as to why they are not rated, and if the 
securities will be rated, an estimate of the rating; and
    (6) Any stock exchange on which the securities will be listed.
    (f) The purpose for which the securities for which application is 
made are to be issued:

[[Page 241]]

    (1) If the purpose of such issuance is the construction, completion, 
extension, or improvement of facilities, describe in reasonable detail 
the construction program for which the funds were or are to be used.
    (2) If the purpose for such issuance is for the refunding of 
obligations, describe in detail the obligations to be refunded, 
including the character, principal amounts, applicable discount or 
premium, dates of issuance and maturity, and all other material facts 
concerning such obligations.
    (3) If the purpose for such issuance is for other than construction 
or refunding, explain such other purpose(s) in detail.
    (g) A statement as to whether or not any application with respect to 
the transaction or any part thereof is required to be filed with any 
State regulatory body.
    (h) A detailed statement of the facts relied upon by the applicant 
to show that the issuance:
    (1) Is for some lawful object, within the corporate purposes of the 
applicant and compatible with the public interest, is necessary or 
appropriate for or consistent with the proper performances by the 
applicant of service as a public utility and will not impair its ability 
to perform that service, and
    (2) Is reasonably necessary or appropriate for such purposes.
    (i) A detailed statement of the bond indenture(s) or other 
limitations on interest and dividend coverage, and the effects of such 
limitations on the issuance of additional debt or equity securities.
    (j) A brief summary of any rate changes which were made effective 
during the period for which financial statements are submitted or which 
became or will become effective after the period for which statements 
are submitted.
    (k) A form of notice suitable for publication in the Federal 
Register, as well as a copy of the same notice in electronic format (in 
either ASCII text, WordPerfect 5.1 for DOS or WordPerfect 5.2 for 
Windows format) on a 3\1/2\ diskette marked with the name of 
the applicant and the words ``Notice of Filing,'' setting forth:
    (1) The legal name of the applicant;
    (2) The securities offered for issuance including the proposed issue 
date; and
    (3) The comment procedure.
    (l) Any applicable exhibits as required under Sec. 34.4.

[Order 182, 46 FR 50514, Oct. 14, 1981, as amended by Order 390, 49 FR 
32505, Aug. 14, 1984; Order 575, 60 FR 4853, Jan. 25, 1995; Order 593, 
62 FR 1283, Jan. 9, 1997]