-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, APzuJEhmzpue+4c+uh5hIrn7Des/dSzSLZ0j8T07x1iWzZ2srdWgA/l4o7LAEANy p/m9RTZSm9LEKQ1CQlqmig== 0000065984-96-000007.txt : 19960122 0000065984-96-000007.hdr.sgml : 19960122 ACCESSION NUMBER: 0000065984-96-000007 CONFORMED SUBMISSION TYPE: U-1/A PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 19960119 SROS: NONE FILER: COMPANY DATA: COMPANY CONFORMED NAME: LOUISIANA POWER & LIGHT CO /LA/ CENTRAL INDEX KEY: 0000060527 STANDARD INDUSTRIAL CLASSIFICATION: ELECTRIC SERVICES [4911] IRS NUMBER: 720245590 STATE OF INCORPORATION: LA FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: U-1/A SEC ACT: 1935 Act SEC FILE NUMBER: 070-07580 FILM NUMBER: 96505696 BUSINESS ADDRESS: STREET 1: 639 LOYOLA AVE CITY: NEW ORLEANS STATE: LA ZIP: 70113 BUSINESS PHONE: 5045953100 U-1/A 1 File No. 70-7580 SECURITIES AND EXCHANGE COMMISSION Washington, D. C. 20549 Form U-1 _______________________________________ POST-EFFECTIVE AMENDMENT NO. 4 to APPLICATION-DECLARATION under THE PUBLIC UTILITY HOLDING COMPANY ACT OF 1935 ________________________________ Louisiana Power & Light Company 639 Loyola Avenue New Orleans, Louisiana 70113 (Name of company filing this statement and address of principal executive offices) ________________________________ Entergy Corporation (Name of top registered holding company parent of each applicant or declarant) ______________________________ Gerald D. McInvale Senior Vice President and Chief Financial Officer Louisiana Power & Light Company 639 Loyola Avenue New Orleans, Louisiana 70113 (Name and address of agent for service) ______________________________ The Commission is also requested to send copies of any communications in connection with this matter to: Laurence M. Hamric, Esq. Thomas J. Igoe, Jr., Esq. Denise C. Redmann, Esq. Reid & Priest LLP Entergy Services, Inc. 40 West 57th Street 639 Loyola Avenue New York, New York 10019 New Orleans, Louisiana 70113 Item 1. Description of Proposed Transactions. Item 1 of the Application-Declaration in File 70-7580, as previously supplemented, is hereby further supplemented by adding the following paragraphs to the end thereof: "The proceeds to be received by River Fuel pursuant to borrowings under the Amended Credit Agreement or the Successor Credit Agreement will not be used to invest directly or indirectly in an exempt wholesale generator ("EWG") or foreign utility company ("FUCO"), as defined in Sections 32 or 33, respectively, of the Act. The proposed transactions are also subject to Rule 54. In determining whether to approve the issue or sale of a security by a registered holding company for purposes other than the acquisition of an EWG or FUCO, or other transactions by such registered holding company or its subsidiaries other than with respect to EWGs or FUCOs, the Commission shall not consider the effect of the capitalization or earnings of any subsidiary which is an EWG or FUCO upon the registered holding company system if Rules 53(a), (b) and (c) are satisfied. In that regard, assuming consummation of the transactions proposed in this application, all of the conditions set forth in Rule 53(a) are and will be satisfied and none of the conditions set forth in Rule 53(b) exists or, as a result thereof, will exist. The Entergy System's "aggregate investment" in EWGs and FUCOs was approximately $198 million, representing approximately 8.3% of the Entergy System's consolidated retained earnings, as of September 30, 1995. Furthermore, the Entergy System has complied with and will continue to comply with the record keeping requirements of Rule 53(a)(2) concerning affiliated EWGs and FUCOs. In addition, as required by Rule 53(a)(3), no more than 2% of the employees of the Entergy System's domestic public utility subsidiary companies would render services to affiliated EWGs and FUCOs. Finally, none of the conditions set forth in Rule 53(b), under which the provisions of Rule 53 would not be available, have been met." SIGNATURE Pursuant to the requirements of the Public Utility Holding Company Act of 1935, the undersigned company has duly caused this amendment to be signed on its behalf by the undersigned thereunto duly authorized. LOUISIANA POWER & LIGHT COMPANY By: /s/ William J. Regan, Jr. William J. Regan, Jr. Vice President and Treasurer Dated: January 19, 1996 -----END PRIVACY-ENHANCED MESSAGE-----