BEFORE THE PUBLIC SERVICE COMMISSION
OF THE STATE OF MISSOURI
MCN Corporation Request for Certification )
Pursuant to Section 33(a)(2) of the Public) Case No. GO-97-352
Utility Holding Company Act of 1935 )
STIPULATION AND AGREEMENT
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On February 28, 1997, MCN Corporation d/b/a MCN
Energy Group, Inc. (MCN or Company) filed an application
with the Commission requesting certification pursuant to
Section 33(a)(2) of the Public Utility Holding Company
Act of 1935. MCN is a Michigan holding corporation that
owns 47.5% of Southern Missouri Gas Company, L.P. (SOMO),
a Commission regulated natural gas utility that serves 15
communities in southern Missouri. According to the
application, MCN is investing approximately 60 million
dollars in an electric generation and distribution
project in various parts of India. The application
sought certification by the Commission that it has the
authority and resources to protect ratepayers of Southern
Missouri Gas Company from any impacts of the India
investment and that it intends to exercise that
authority.
In order to ensure that it has the information
necessary to protect SOMO ratepayers, the Staff has
requested certain-commitments from MCN. In consideration
for the Staff recommendation that the Commission issue a
certification letter, the Company agrees that:
1) MCN, its affiliates and its subsidiaries agree to
make available to the Missouri Public Service
Commission and its staff at reasonable times and
places all books, records, employees and officers of
MCN and any affiliate or subsidiary of MCN, provided
that MCN and any affiliate or subsidiary of MCN
shall have the right to object to such production of
records or personnel on any basis under applicable
Missouri law and Missouri Public Service Commission
rule, excluding any objection that such records and
personnel are not subject to the Missouri Public
Service Commission's jurisdiction.
2) MCN shall notify the Missouri Public Service
Commission of any and all affiliated transactions in
which any costs, assets or equity could be assigned
from, or to Southern Missouri Gas Company, L.P.,
from MCN or any MCN affiliate or subsidiary and will
maintain all records of any such affiliated
transaction for Commission Staff review.
3) MCN shall file for a new certification letter from
the Missouri Public Service Commission for any
additional capital outlays in Torrent Power which
may be made in the future over the planned initial
investment of $70 million.
4) MCN agrees that no investments shall be made
inconsistent with the specific investments and
corporate structure proposed in the Application.
5) MCN shall notify the Missouri Public Service
Commission and its staff of any transaction between
any affiliated foreign company of any affiliate or
associated company thereof and any public utility
subject to Missouri Public Service Commission
jurisdiction.
In the event the Commission does not issue a
certification letter in this docket, this Stipulation and
Agreement shall be void.
Respectfully submitted,
/s/Xxxxx X. Xxxxxx /s/Xxxxx X. Xxxxxxx
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Xxxxx X. Xxxxxxx Xxxxx X. Xxxxxxx
Attorney at Law Assistant General Counsel
Missouri Bar No. 27543 Missouri Bar No. 39586
000 X. XxXxxxx Xx. Missouri Public
Mutual Savings Bldg., Service Commission
Ste. 000 Xxxxxxxxx Xxxx, XX 00000
Xxxxxxxxx Xxxx, XX 00000 573-751-7434
000-000-0000 000-000-0000 (Fax)
000-000-0000 (Fax)
ATTORNEY FOR MCN ATTORNEY FOR THE STAFF OF
CORPORATION THE MISSOURI PUBLIC SERVICE
COMMISSION
CERTIFICATE OF SERVICE
I hereby certify that copies of the foregoing have been
mailed or hand-delivered to all counsel of record as
shown on the attached service list this 27th day of
March, 1997.
/s/Xxxxx X. Xxxxxxx
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