8/1/07 N.Y. St. Reg. PSC-31-07-00013-P
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed action:
The commission is considering whether to accept, reject or modify the request by Corning Natural Gas Corporation (the company) pursuant to Public Service Law section 108(1), for approval of and consent to certain amendments to Corning Natural Gas Corporation's Certificate of Incorporation that have been approved by shareholders, so that the company may file the Restated Certificate of Incorporation with the Secretary of State of New York.
Statutory authority:
Public Service Law, section 108
Subject:
Certificate of Incorporation by Corning Natural Gas Corporation.
Purpose:
To approve and consent to shareholder-approved amendments to the Certificate of Incorporation of Corning Natural Gas Corporation and endorse such consent and approval on the Restated Certificate of Incorporation to be filed with the New York Secretary of State.
Substance of proposed rule:
The Commission is considering whether to accept, reject or modify the request by Corning Natural Gas Corporation (the Company) pursuant to Public Service Law Section 108(1), for approval of and consent to certain amendments to Corning Natural Gas Corporation's Certificate of Incorporation that have been approved by shareholders, so that the Company may file the Restated Certificate of Incorporation with the Secretary of State of New York. The company seeks approval of or consent to three changes in its Certificate of Incorporation. They are: (1) authorization to issue preferred stock; (2) elimination of sharesholders' preemptive rights; and (3) authorization for shareholders to act by less than unanimous written request. Corning Natural Gas Corporation requests that the Commission, to the extent it deems such actions to be required by law for each of the changes, to approve and consent to these amendments and to endorse such consent and approval on the restated Certificate of Incorporation so that the Company may file such Restated Certificate of Incorporation with the Secretary of State.
Text of proposed rule and any required statements and analyses may be obtained by filing a Document Request Form (F-96) located on our website http://www.dps.state.ny.us/f96dir.htm. For questions, contact:
Central Operations, Public Service Commission, Bldg. 3, Empire State Plaza, Albany, NY 12223-1350, (518) 474-2500
Data, views or arguments may be submitted to:
Jaclyn A. Brilling, Secretary, Public Service Commission, Bldg. 3, Empire State Plaza, Albany, NY 12223-1350, (518) 474-6530
Public comment will be received until:
45 days after publication of this notice.
Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement
Statements and analyses are not submitted with this notice because the proposed rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act.
