Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 45 - Gas Service Utilities › Subchapter 3 - Plant, Equipment, and Facilities › Section 165:45-3-5 - Sale or disposal of jurisdictional facilities by utility

Current through Vol. 41, No. 20, July 1, 2024
(a) The parties to
				a transaction, the performance of which will result in the transfer of any
				portion of a natural gas utility's jurisdictional plant or operating system or
				the transfer of some or all of a natural gas utility's customers to a person or
				entity that is not an affiliate of such utility, shall, at least ninety (90)
				calendar days before the effective date of such sale or transfer, request the
				approval of the Commission of the transaction by filing an original and eight
				(8) copies of a joint application, consistent with
				165:5-7-1, with the Commission's
				Court Clerk, accompanied by the applicable filing fee. At the time the joint
				application is filed, the parties to the transaction shall serve a copy of the
				joint application, with all attachments thereto, upon the Attorney General and
				the Pipeline Safety Division. Additionally, the person or entity receiving the
				facilities or customers shall, at the time of the filing, be providing natural
				gas service to Oklahoma customers or be seeking approval, in the joint
				application or in a separate cause, to provide such service to Oklahoma
				customers.
(b) The joint
				application referred to in (a) of this Section shall include the following
				information:
(1) The names of the parties to
				the transaction and the addresses of their respective principal places of
				business;
(2) A narrative
				description of the transaction, including, without limitation, a description of
				the transferring party's jurisdictional plant or operating system to be
				transferred to the acquiring party, the number and types of customers to be
				transferred to the acquiring party as a result of the transfer of those
				jurisdictional assets, the contemplated effective date of the transfer, and the
				consideration to be given for consummating the transfer;
(3) A statement as to whether the
				consideration to be given for consummating the transfer is below or above the
				net book value of the transferred assets;
(4) A narrative description of how the
				transferred customers will continue to receive safe and reliable natural gas
				service after the effective date of the transaction, any proposed changes to
				the rates charged for that service after the effective date of the transaction,
				including a summary of the effect that the proposed changes to rates would have
				on an average customer's bill, and any other proposed changes in the terms and
				conditions of that service after such effective date subject to the terms of
				(g) of this Section;
(5) A
				narrative description of the principal occupation or business of the acquiring
				party and all affiliates thereof during the previous five (5) years, and the
				names and relevant biographical information of all principals, officers, and
				directors of the acquiring party;
(6) A narrative description of the
				operational and managerial experience of the acquiring party's personnel to be
				responsible for the operation and management of the facilities to be used to
				provide natural gas service to the transferred customers after the effective
				date of the transaction;
(7) The
				names, addresses, and telephone numbers of representatives of the acquiring
				party who will be the contacts for PUD and CSD and who will be primarily
				responsible for:
(A) Customer service issues;
(B) Repair and maintenance issues;
(C) Customer complaint issues;
(D) Authorizing and furnishing
				refunds to customers;
(E) Tariff
				issues; and
(F) Receiving notices
				related to causes docketed at the Commission.
(8) Audited financial statements of the
				acquiring party, to include but not be limited to balance sheets and income
				statements, covering the previous three (3) years;
(9) An unaudited financial statement of the
				acquiring party, covering the most recent quarter closed immediately preceding
				the filing of the application;
(10)
				An affidavit by the acquiring party stating that the acquiring party possesses
				the financial and managerial ability to provide safe and reliable natural gas
				utility service to the transferred customers and that the acquiring party is
				aware of and will abide by all Commission rules applicable to the provision of
				such service;
(11) The information
				required by
				165:45-11-1(q) and
				(s) and an affirmation that the records and
				reports required by 165:45-9 exist and may be subject to review by the
				Commission during the application process.
(12) A copy of the agreement governing the
				terms of the transaction;
(13) If
				the acquiring party is also a public utility subject to the jurisdiction of the
				Commission, a statement to that effect. The information listed in (5) through
				(9) of this subsection is not required if the acquiring party is a public
				utility currently engaged in the furnishing of public utility services under
				the jurisdiction of the Commission at the time that the application is filed;
				and
(14) The name and address of
				the acquiring party's service agent registered with the Oklahoma Secretary of
				State.