Section 108. Approval of dissolution and of certificates of merger or consolidation, certificates of amendment of certificates of incorporation, and restated certificates of incorporation of public utility corporations

1. No public utility corporation shall deliver to
  the department of state for filing, nor shall the  department  of  state
  file,   a  certificate  of  dissolution,  a  certificate  of  merger  or
  consolidation, or  a  certificate  of  amendment  of  a  certificate  of
  incorporation   under   section  eight  hundred  five  of  the  business
  corporation law or a restated certificate of incorporation under section
  eight hundred seven of the business  corporation  law  which  makes  any
  amendment specified in subparagraphs eight, nine, ten, eleven and twelve
  of   paragraph  (b)  of  section  eight  hundred  one  of  the  business
  corporation law, unless such certificate shall have endorsed thereon the
  consent and approval of the commission.
    2. No public utility corporation shall be dissolved  pursuant  to  the
  provisions  of  article eleven of the business corporation law until the
  commission shall have first approved such dissolution.
    3. The provisions of this section shall not apply to a public  utility
  corporation  subject  to regulation by the commission only as a contract
  carrier of  passengers  by  motor  vehicle,  nor  to  a  certificate  of
  amendment  or  restated certificate of incorporation of a public utility
  corporation subject to regulation by the  commission  only  as  a  motor
  carrier of property.