-----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, F9vHEqBMsMGatqwwtRyCzLSBTKw7MT6xJpKtuXkSB6ZZ/7TQJC5qoA2yxnrtdNti 9f9u7GH96/P5gn9VztWfxQ== 0000070145-99-000089.txt : 19991025 0000070145-99-000089.hdr.sgml : 19991025 ACCESSION NUMBER: 0000070145-99-000089 CONFORMED SUBMISSION TYPE: POS AMC PUBLIC DOCUMENT COUNT: 2 FILED AS OF DATE: 19991022 FILER: COMPANY DATA: COMPANY CONFORMED NAME: NATIONAL FUEL GAS CO CENTRAL INDEX KEY: 0000070145 STANDARD INDUSTRIAL CLASSIFICATION: NATURAL GAS DISTRIBUTION [4924] IRS NUMBER: 131086010 STATE OF INCORPORATION: NJ FISCAL YEAR END: 0930 FILING VALUES: FORM TYPE: POS AMC SEC ACT: SEC FILE NUMBER: 070-09153 FILM NUMBER: 99732343 BUSINESS ADDRESS: STREET 1: 10 LAFAYETTE SQ CITY: BUFFALO STATE: NY ZIP: 14203 BUSINESS PHONE: 7168576980 MAIL ADDRESS: STREET 1: 10 LAFAYETTE SQ STREET 2: 10 LAFAYETTE SQ CITY: BUFFALO STATE: NY ZIP: 14203 POS AMC 1 File No. 70-9153 SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 ------------------------------------------------------------------------------ AMENDMENT NO. 1 TO POST-EFFECTIVE AMENDMENT NO. 1 TO FORM U-1 APPLICATION UNDER THE PUBLIC UTILITY HOLDING COMPANY ACT OF 1935 ------------------------------------------------------------------------------ National Fuel Gas Company NFR Power, Inc. 10 Lafayette Square 165 Lawrence Bell Drive, Suite 120 Buffalo, New York 14203 Williamsville, New York 14221 (Names of companies filing this statement and addresses of principal executive offices) ------------------------------------------------------------------------------ NATIONAL FUEL GAS COMPANY (Name of top registered holding company) ------------------------------------------------------------------------------ A. M. Cellino, R. J. Kreppel, Secretary President National Fuel Gas Company NFR Power, Inc. 10 Lafayette Square 165 Lawrence Bell Drive, Suite 120 Buffalo, New York 14203 Williamsville, New York 14221 (Names and addresses of agents for service of process) It is requested that the Commission send copies of all notices, orders and communications to: Mark D. Buri, Esq. National Fuel Gas Company Suite 1500 10 Lafayette Square Buffalo, New York 14203 Item 6. Exhibits and Financial Statements. - ------------------------------------------ The following is hereby added and made part of this post-effective amendment: Exhibits -------- C Opinion of Counsel (attached) SIGNATURES Pursuant to the requirements of the Public Utility Holding Company Act of 1935, the undersigned companies have duly caused this statement to be signed on their behalf by the undersigned thereunto duly authorized. Dated: October 22, 1999 NATIONAL FUEL GAS COMPANY By /s/ Anna Marie Cellino -------------------------------------- A. M. Cellino Secretary NFR POWER, INC. By /s/ Robert J. Kreppel ------------------------------------- R. J. Kreppel President EX-99 2 Exhibit C October 22, 1999 Securities and Exchange Commission 450 Fifth Street, N.W. Washington, D.C. 20549 Re: National Fuel Gas Company, File No. 70-9153 ------------------------------------------- Ladies and Gentlemen: As counsel for National Fuel Gas Company ("National Fuel"), a holding company registered under the Public Utility Holding Company Act of 1935 (the "Act"), and its subsidiary companies, I deliver to you this opinion for filing as Exhibit C to Post-Effective Amendment No. 1 to the Application-Declaration referenced above. Briefly stated, National Fuel and NFR Power, Inc. are seeking authority to add NFR Power, Inc. to the National Fuel Money Pool previously authorized under File No. 70-9153. In connection with the above, I have examined: (i) the Post-Effective Amendment, as amended; and (ii) such other documents, record and matters of law as I deemed necessary to enable me to render this opinion; Based upon the foregoing and relying thereupon and to the extent ascertainable in advance, I am of the opinion that if the above-referenced transactions are consummated in accordance with the Post-Effective Amendment: (i) all state and federal laws applicable to the proposed transactions will have been complied with; and (ii) the consummation of the proposed transactions will not violate the legal rights of the holders of any securities issued by National Fuel, or by any associate company thereof. I am admitted to practice law in the State of New York. I do not hold myself out as an expert on the laws of any other state or offer any opinion on such laws. Securities and Exchange Commission October 22, 1999 I hereby consent to the filing of this opinion as an exhibit to the Post-Effective Amendment. Sincerely, NATIONAL FUEL GAS COMPANY LEGAL DEPARTMENT By: /s/ Mark D. Buri ----------------------------------------- Mark D. Buri, Attorney -----END PRIVACY-ENHANCED MESSAGE-----