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SEC v ROCKY MOUNTAIN POWER COMPANY Click to find out why . . .



Keywords & Phrases
CaseNo: 34-40648, Defendant: Rocky Mountain Power Company, Plaintiff: SEC, State: WA Washington, UniqueCaseRef: SEC>34-40648, Rocky Mountain, Smallcap Market, Inclusion, Shareholders, Nasd, Review, Minimum Bid Price, Bid Price, Nasdaq Smallcap Market, Total Assets, Securities Exchange Act, Stock, Exchange Act, Opinion, Compliance, Shares, Commission, Superseded Rule, National Association, Rocky Mountain Power, Securities Dealers, Review Committee, Real Estate Investment, Proceeding, Common Stock, Proposed Rule Changes, Shareholder Base, Nasd Marketplace Rule, Regular Employees, Determination , ContentID: 120247210

Case Documents
1 1998-11-09 SEC COMMISSION OPINION
[ see first page and extracted highlights below  ] ItemID: 117360
11 pages
TXT
Total Documents: 1 document , 11 pages
Price: $ 19.95


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1 . SEC COMMISSION OPINION

EXTRACTED KEY WORDS
SMALLCAP MARKET
INCLUSION
SHAREHOLDERS
NASD
REVIEW
MINIMUM BID PRICE
BID PRICE
NASDAQ SMALLCAP MARKET
TOTAL ASSETS
SECURITIES EXCHANGE ACT
STOCK
EXCHANGE ACT
OPINION
COMPLIANCE
SHARES
COMMISSION
SUPERSEDED RULE
NATIONAL ASSOCIATION
ROCKY MOUNTAIN POWER
SECURITIES DEALERS
REVIEW COMMITTEE
REAL ESTATE INVESTMENT
PROCEEDING
COMMON STOCK
PROPOSED RULE CHANGES
SHAREHOLDER BASE
NASD MARKETPLACE RULE
REGULAR EMPLOYEES
DETERMINATION
                          SECURITIES AND EXCHANGE COMMISSION
                                   Washington, D.C.


          SECURITIES EXCHANGE ACT OF 1934
          Rel. No. 40648 / November 9, 1998

          Admin. Proc. File No. 3-9494


__________________________________________________
                                                  :
      In the Matter of the Application of         :
                                                     :
        ROCKY MOUNTAIN POWER COMPANY              :
     1235 E. Arapahoe Road, T-ll, # 110           :
    Englewood, Colorado  80112                :
                                                  :
    For Review of Action Taken by the      :
                                                  :
NATIONAL ASSOCIATION OF SECURITIES DEALERS, INC.  :
__________________________________________________:



          OPINION OF THE COMMISSION

               REGISTERED SECURITIES ASSOCIATION -- REVIEW OF DENIAL OF
               NASDAQ SMALLCAP INCLUSION APPLICATION

                    Total Assets Requirement
                    Number of Shareholders Requirement
                    Minimum Bid Price Requirement

               Company failed to demonstrate compliance with inclusion
               requirements for Nasdaq SmallCap Market.  Held, review
               proceeding is dismissed.

          APPEARANCES:

               Ann Porath, for Rocky Mountain Power Company.

               Robert E. Aber, Sara Nelson Bloom, and Arnold P. Golub, for
          the Nasdaq Stock Market, Inc.

          Appeal filed:  December 18, 1997
          Last brief received:  March 24, 1998
                                          I.

SNIPPETS:
  • SECURITIES AND EXCHANGE COMMISSION
  • For Review of Action Taken by the:
  • NASDAQ SMALLCAP INCLUSION APPLICATION
  • Rocky Mountain Power Co. appeals the decision of the National Association of Securities
  • The NASD found that the Company did not meet the applicable listing criteria relating to
  • The listing criteria in place when Rocky Mountain applied for inclusion in January 1997
  • In March 1997, after Rocky Mountain filed its application for inclusion, the NASD filed with
  • These criteria require a company to have, among other things, net tangible assets of at least
  • 100 shares of a security unless the NASD determines that a
  • :Securities Exchange Act Rel.
  • Securities Exchange Act Rel.
  • In December 1996, Rocky Mountain, a Colorado corporation formed in 1958 and formerly engaged
  • The staff advised that it would not consider as a Company asset a $1 million loan the Company
  • In addition, the staff also advised it had not received documentation to support compliance
  • Finally, the staff raised public interest concerns pursuant to NASD Marketplace Rules 4300
  • In addressing the staff's concerns regarding the Company's shareholder base, Rocky Mountain
  • The Panel was of the opinion that Rocky Mountain's application for listing was premature.
  • By letter dated June 23, 1997, Rocky Mountain requested that the Nasdaq Listing and Hearing
  • In October 1997, the Review Committee, in a written decision, concluded that the Panel's
  • ORDER DISMISSING REVIEW PROCEEDING
  •    |