§ 23-3-104 — Stocks, bonds, notes, etc. - Issuance

(a) (1) When authorized by order of the commission, and not otherwise, a public utility may issue stock, bonds, notes, or other evidence of indebtedness payable at periods of more than thirty-six (36) months after the date of issuance when necessary for: (A) The acquisition of property, the construction, extension, or improvement of its facilities, or the improvement of its service; (B) The discharge or lawful refunding of its obligations, or reimbursement of moneys actually expended from the income from any source; or (C) Any of such purposes. (2) The order of the commission shall fix the maximum amount of any such issue and the purposes to which it or any proceeds up to the stated maximum amount are to be applied. (3) No public utility shall apply any such issue or its proceeds to any purpose not specified in the order without the consent of the commission. (b) The public utility may issue notes for proper corporate purposes and not in violation of any provision of law, payable at periods of not more than thirty-six (36) months, without the consent of the commission. However, no such note, in whole or in part, shall be refunded by any issue of stock or bonds or by any evidence of indebtedness with a maturity date later than thirty-six (36) months from the date of issue without the consent of the commission. (c) All securities issued without the approval of the commission shall be void. (d) In instances where the public utility is a regional transmission organization that is jurisdictional to the Federal Energy Regulatory Commission and the debt is authorized by the Federal Energy Regulatory Commission and does not create a lien on property in this state, no commission authorization is required.

Legislative History

Amended by Act 2015, No. 899,§ 2, eff. 7/22/2015. Acts 1935, No. 324, § 59; Pope's Dig., § 2119; Acts 1973, No. 410, § 1; 1981, No. 709, § 1; A.S.A. 1947, § 73-255.