278.300 Issuance or assumption of securities by utilities.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
No utility shall issue any securities or evidences of indebtedness, or assume any
obligation or liability in respect to the securities or evidences of indebtedness of any
other person until it has been authorized so to do by order of the commission.
Application for authority to issue or assume securities or evidences of indebtedness
shall be made in such form as the commission prescribes. Every such application
shall be made under oath, and shall be signed and filed on behalf of the utility by its
president, or by a vice president, auditor, comptroller, or other executive officer
having knowledge of the matters set forth and duly designated by the utility. Every
such application shall be placed at the head of the docket of the commission and
disposed of promptly within sixty (60) days after it is filed with the commission,
unless it is necessary for good cause to continue the application for longer time than
sixty (60) days, in which case the order making the continuance shall state fully the
facts that make it necessary.
The commission shall not approve any issue or assumption unless, after
investigation of the purposes and uses of the proposed issue and the proceeds
thereof, or of the proposed assumption of obligation or liability, the commission
finds that the issue or assumption is for some lawful object within the corporate
purposes of the utility, is necessary or appropriate for or consistent with the proper
performance by the utility of its service to the public and will not impair its ability
to perform that service, and is reasonably necessary and appropriate for such
purpose.
The commission may grant or deny the application in whole or in part, or may grant
it with such modifications and upon such terms and conditions as the commission
deems necessary or appropriate. The order of the commission shall specify that the
securities or evidences of indebtedness, or the proceeds thereof, shall be used only
for the lawful purposes specified in the application, and both the application of the
utility and the order of the commission shall state in general terms the purpose of
the issuance or assumption.
A copy of any order made and entered by the commission under this section, duly
certified by the executive director of the commission, shall be sufficient evidence
for all purposes of full and complete compliance by the utility with all procedural
and other matters required precedent to the entry of the order.
Securities and evidences of indebtedness issued and obligations and liabilities
assumed by a utility, for which, under the provisions of this section, the
authorization of the commission is required, shall comply with the terms and
conditions of the order of authorization entered prior to the issue or assumption, and
where the order has been fully complied with the validity of the issue or assumption
shall not be affected by a failure to comply with any provision of this section or rule
of the commission relating to procedure or other matters preceding the entry of the
order of authorization or order supplemental thereto.
The commission may require periodical or special reports from the utility issuing
any security or evidence of indebtedness. The report shall show, in such detail as the
commission requires, the disposition made of such securities or evidences of
indebtedness, and the application of the proceeds thereof.
(8) This section does not apply to notes issued by a utility, for proper purposes and not
in violation of law, that are payable at periods of not more than two (2) years from
the date thereof, or to like notes, payable at a period of not more than two (2) years
from date thereof, that are issued to pay or refund in whole or in part any such
notes, or to renewals of such notes from time to time, not exceeding in the aggregate
six (6) years from the date of the issue of the original notes so renewed or refunded.
(9) Nothing in this section implies any guarantee of securities or evidences of
indebtedness by the state, or any obligation on the part of the state with respect
thereto, and nothing in this section limits the power of any court having jurisdiction
to authorize or cause receiver's certificates or debentures to be issued according to
the rules and practice obtaining in receivership proceedings in courts of equity.
(10) This section does not apply in any instance where the issuance of securities or
evidences of indebtedness is subject to the supervision or control of the federal
government or any agency thereof, but the commission may appear as a party to any
proceeding filed or pending before any federal agency if the issuance of the
securities or evidences of indebtedness will materially affect any utility over which
the commission has jurisdiction.
(11) This section also does not apply to the issuance of securities or evidence of
indebtedness by a utility principally engaged in transportation of gas by pipeline in
interstate commerce and subject to the supervision, control or jurisdiction of the
federal government or any agency, board or commission thereof.
Effective: July 15, 1994
History: Amended 1994 Ky. Acts ch. 166, sec. 3, effective July 15, 1994. -- Amended
1982 Ky. Acts ch. 82, sec. 34, effective July 15, 1982. -- Amended 1978 Ky. Acts
ch. 379, sec. 37, effective April 1, 1979. -- Amended 1972 Ky. Acts ch. 9, sec. 1. -Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat.
sec. 3952-24.
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