Ohio Administrative Code › Title 4901:1 - Utilities › Chapter 4901:1-15 - Waterworks Companies and Sewage Disposal System Companies › Section 4901:1-15-09 - Transfer of certificate with property transfer

Current through all
			 regulations passed and filed through July 1, 2024
(A) No certificate of public convenience and
			 necessity to construct and/or operate a waterworks company and/or sewage
			 disposal system company may be transferred or assigned unless the transaction
			 is first approved by the commission.
(B) An application for approval of the
			 transfer of a certificate of public convenience and necessity to construct
			 and/or operate a waterworks system and/or sewage disposal system shall be a
			 joint application, and at its discretion, the commission may provide for a
			 public hearing upon notice of an application as set forth by rule
			 4901:1-15-04 of the
			 Administrative Code.
(C) Any
			 application for approval of the transfer of a certificate of public convenience
			 and necessity to construct and/or operate a waterworks system and/or a sewage
			 disposal system shall include a conformed copy (or copies) of all agreements
			 pertinent to the transfer that have been or will be entered into between the
			 transferor and the transferee. This shall include all documents pertaining to
			 the transfer of ownership or control of the waterworks system and/or sewage
			 disposal system specified in the certificate to be transferred.
(D)
								
								By an entry or order
			 issued by the commission, the transferee will
								 file, in its
			 name, new tariff documents which show the same rates, charges, and rules and
			 regulations as those shown in the tariff documents currently filed with the
			 commission by the transferor, except for the changes ordered by the
			 commission.
(E) If any individual,
			 partnership, or corporation proposes to acquire a waterworks system and/or
			 sewage disposal system from an individual, partnership, or corporation which
			 has constructed or owned and operated the system(s) without authority from the
			 commission, and if the entity acquiring the system is, or will become by such
			 acquisition, a public utility subject to commission jurisdiction, an
			 application for a certificate of public convenience and necessity to operate a
			 waterworks company and/or sewage disposal system company shall be filed with
			 the commission. The application shall fulfill all the requirements of rule
			 4901:1-15-05 of the
			 Administrative Code governing the filing of an application for a certificate of
			 public convenience and necessity.
(F) If the acquiring entity is the holder of
			 a certificate of public convenience and necessity issued by this commission to
			 construct or operate a waterworks system and/or sewage disposal system and the
			 entity being acquired is also the holder of a certificate of public convenience
			 and necessity from the commission, an application to transfer the certificate
			 for the area to be acquired shall be filed. If transferring the certificate
			 results in a change in the information required by rule
			 4901:1-15-05 of the
			 Administrative Code, this information shall be updated, and filed along with
			 the following information:
(1) An executive
			 summary of the terms and conditions of the transfer.
(2) A copy of the transfer
			 contract.
(3) The details of the
			 acquiring entity's financing plan to purchase or lease the plant to be
			 transferred.
(4) A general
			 description of the acquiring entity's operations plan noting the changes from
			 the transferor's present operation.