Inability to obtain adequate capital.

CFR · 2024-01-01 · US · Title 10

(a) (1) Despite good faith efforts the petitioner will be unable to comply with the applicable prohibitions imposed by the Act because the additional capital required for an alternate fuel-capable unit beyond that required for the proposed unit cannot be raised; (2) The additional capital cannot be raised: (i) Due to specific restrictions (e.g., convenants on existing bonds) which constrain management's ability to raise debt or equity capital; (ii) Without a substantial dilution of shareholder equity; (iii) Without an unreasonably adverse affect on the utility's credit rating; or (iv) In the case of non-investor-owned public utilities, without jeopardizing the utility's ability to recover its capital investment, through tariffs, without unreasonably adverse economic effect on its service area (such as adverse impacts on local industry or undue hardship to ratepayers). (3) No alternative power supply exists, as required under § 503.8 of these regulations; (4) Use of mixtures is not feasible, as required under § 503.9 of these regulations; and (5) Alternative sites are not available, as required under § 503.11 of these regulations. (b) (1) Duly executed certifications required under paragraph (a) of this section; (2) Exhibits containing the basis for the certifications required under paragraph (a) of this section (including those factual and analytical materials deemed by the petitioner to be sufficient to support the granting of this exemption); (3) Environmental impact analys

official document · source cfr-2024 · id 10:§ 503.35