N.H. Code Admin. R. Puc 305.06
F-4 Authority to Issue Securities
Effective Oct 25, 2024#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; ss by #10603, eff 5-21-14; ss by #14106, eff 10-25-24, EXPIRES: 10-25-34 (formerly Puc 308.12) (see Revision Note at chapter heading for Puc 300)Public Utilities Commission
- (a) When a utility seeks authority to issue securities, a utility shall complete a file Form F-4 dated 10/2024 and available at the commission’s website at www.puc.nh.gov, and file one signed original and one electronic copy with the commission.
(b) In addition to filing Form F-4 each utility shall file:
- (1) An application for leave to issue securities pursuant to RSA 369:3 and Puc 200 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) Resolution of the petitioner’s stockholders, board of directors, partners, or other governing body of petitioner, as appropriate, authorizing the proposed financing;
- (3) Copy of the private placement memorandum for long term financing including any letter of commitment from a lender stating details of financing;
- (4) Copy of the proposed promissory note and mortgage;
- (5) Copy of terms of new common or preferred stock;
- (6) An original and 5 copies of the petition and exhibits; and
- (7) The full name, title, and signature of the utility employee who supervised the preparation of the report.
- (c) By signing and submitting Form F-4 petition, the persons submitting the form shall agree to comply with the certification requirement as set forth in (d) below.
(d) In addition to Form F-4, 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.”
- (e) Each utility shall, at the time it files a Form F-4 and the information required by (b) above, file copies with the department and the New Hampshire office of the consumer advocate.
Source. #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; ss by #10603, eff 5-21-14; ss by #14106, eff 10-25-24, EXPIRES: 10-25-34 (formerly Puc 308.12) (see Revision Note at chapter heading for Puc 300)