Section 823 Of Article 5. Stocks And Security Transactions From California Public Utilities Code >> Division 1. >> Part 1. >> Chapter 4. >> Article 5.
823
. (a) No public utility shall, without the consent of the
commission, apply any part of the issue of any stock or stock
certificate or other evidence of interest or ownership, or bond,
note, or other evidence of indebtedness, or any proceeds thereof, to
any purpose not specified in the commission's order, or to any
purpose specified in the order in excess of the amount authorized for
such purpose, or issue or dispose thereof on any terms less
favorable than those specified in the order, or a modification
thereof.
(b) A public utility may issue notes, for proper purposes and not
in violation of any provision of law, payable at periods of not more
than 12 months after the date of issuance of the notes without the
consent of the commission.
(c) Notwithstanding the provisions of subdivision (b), no public
utility as defined in Section 201(e) of the Federal Power Act (49
Stat. 847, 16 U.S.C. 824) shall, without the consent of the
commission, issue notes payable at periods of not more than 12 months
after the date of issuance of the notes if such notes and all other
notes payable at periods of not more than 12 months after the date of
issuance of such notes on which such public utility is primarily or
secondarily liable would exceed in aggregate amount 5 percent of the
par value of the other securities then outstanding. In the case of
securities having no par value, the par value for the purposes of
this subsection shall be the fair market value as of the date of
issue.
(d) No note payable at a period of not more than 12 months after
the date of issuance of such note shall, in whole or in part, be
refunded by any issue of stocks or stock certificates or other
evidence of interest or ownership, or of bonds, notes of any term or
character, or any other evidence of indebtedness, without the consent
of the commission.