085-1 Wyo. Code R. §§ 1-6 - Materials Required for Council Review

(a) Project application. An application including any recommendations by the Governor to participate in the program shall be submitted to and reviewed by the Council under the process set forth in W.S. 9-12-601 through 9-12-603. The project application must contain the following comprehensive information:

i. Tab A - A detailed overview of the applicant's business entity, including identification of all executive management and all owners including the names of the owners and the percentage interest of each owner with greater than or equal to ten percent (10%) of the entity making the proposal. For clarity, the ten percent (10%) disclosure requirement shall apply to any entity or individual with an option to increase ownership to equal to greater than ten percent (10%) of the entity making the proposal;

ii. Tab B - A detailed description of the proposal;

iii. Tab C - A business plan accurately describing the existing business, and its history;

iv. Tab D - A comprehensive chart and detailed description identifying all business entities related to the applicant, whether by contract or through a corporate affiliation;

V. Tab E - Annual audited financials which contains an unqualified opinion of an independent certified public accountant for the preceding three (3) years, including tax returns. If the enterprise is a new entity without historical financial reports, the applicant must submit an audited balance sheet which contains an unqualified opinion of an independent certified public accountant issued not more than sixty (60) days before the application;

vi. Tab F - A balance sheet and projected cash flow for the duration of the contract term proposed;

vii. Tab G - Commitments to sell the finished product and other indices necessary to demonstrate the applicant's ability to perform under the contract as determined by these rules and regulation;

viii. Tab H - Detail of the costs associated to the value added conversion facility and associated financial comments including terms and structure. This detail shall demonstrate private investment in the county or counties in buildings, equipment and direct project infrastructure of not less than three (3) times the amount of any contract;

ix. Tab I - A list of all permits and environmental analysis required for the project including the parties who will be responsible for each permit submission, permit issuance and environmental review;

X. Tab J - Third party engineering and economic analysis;

xi. Tab K - A project timeline indicating key dates for engineering review, permit application, permit receipt, environmental clearance, and any third party construction of facilities completion that are required for the commissioning and operation of the proposed facility;

xii. Tab L - Notice and identification of any threatened or pending litigation involving the anticipated project and/or the applicant;

xiii. Tab M - Industry-specific information and documentation concerning the applicant's business activities within that industry, including without limitation, regulatory information related to the project to be undertaken;

xiv. Tab N - Inventory and evaluation of social and economic conditions and impact assessment from the project. If the Wyoming Industrial Development Information and Siting Act is applicable to project, the contained Socieconomic Baseline and Impacts analysis may be submitted to the application;

XV. Tab O - Any relevant ongoing or new information that arises any time after applicant's initial submission of the above information which may influence or bear upon the review of the proposal, including without limitation, new or altered financing arrangements, statutory, regulatory or rule changes which may impact applicant's project or operations or the proposal thereof, or changes in ownership.

xvi. All of the foregoing requirements (i through xv) are a continuing obligation of disclosure by the applicant during the pendency of the application.

(b) Additional Information. In addition to information in the project application, the Council may ask for additional information necessary to conduct its due diligence and review of the project. Applicants shall respond to such requests in a timely manner with complete and current information. Any documents, materials or information provided to the Council may be shared with any other State agency, including without limitation, the Attorney General, Governor's office, and Board. If the Applicant provides any additional information or documents to the Governor's office in connection with their review of the project outside the information contained in the original proposal, the applicant must also provide such additional information or documents to the Council.

Notes

085-1 Wyo. Code R. §§ 1-6

Adopted, Eff. 1/27/2016.