-----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, WJGNhdj2JR5biQD01xGwwfGqtE2cjEwq2OTREvZhGoc+S+n2xY3Y6OTac2W4pOfz lh+Qyo+wX3lnwtNg+ItsXg== 0000950120-97-000054.txt : 19970227 0000950120-97-000054.hdr.sgml : 19970227 ACCESSION NUMBER: 0000950120-97-000054 CONFORMED SUBMISSION TYPE: U-1/A PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 19970226 SROS: NYSE 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: U-1/A SEC ACT: 1935 Act SEC FILE NUMBER: 070-08963 FILM NUMBER: 97544036 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 U-1/A 1 AMENDMENT NO. 4 TO FORM U-1 File No. 70-8963 SECURITIES AND EXCHANGE COMMISSION Washington, D.C. -------------------------------------------- AMENDMENT NO. 4 TO FORM U-1 APPLICATION-DECLARATION under the PUBLIC UTILITY HOLDING COMPANY ACT OF 1935 -------------------------------------------- National Fuel Gas Company National Fuel Gas 10 Lafayette Square Distribution Corporation Buffalo, New York 14203 10 Lafayette Square Buffalo, New York 14203 National Fuel Gas Seneca Resources Corporation Supply Corporation 10 Lafayette Square 10 Lafayette Square Buffalo, New York 14203 Buffalo, New York 14203 Utility Constructors, Inc. Highland Land & Minerals, Inc. East Erie Extension 10 Lafayette Square Linesville, Pennsylvania 16424 Buffalo, New York 14203 Leidy Hub, Inc. Data-Track Account 10 Lafayette Square Services, Inc. Buffalo, New York 14203 10 Lafayette Square Buffalo, New York 14203 National Fuel Resources, Inc. Horizon Energy 478 Main Street Development, Inc. Buffalo, New York 14202 10 Lafayette Square Buffalo, New York 14203 (Names of companies filing this statement and addresses of principal executive offices) --------------------------------------------- NATIONAL FUEL GAS COMPANY (Name of top registered holding company) --------------------------------------------- Philip C. Ackerman William T. Baker, Jr., Esq. Senior Vice President Robert J. Reger, Jr., Esq. National Fuel Gas Company Reid & Priest LLP 10 Lafayette Square 40 West 57th Street Buffalo, New York 14203 New York, New York 10019 (Names and addresses of agents for service) Item 1. Description of Proposed Transactions. Paragraph 1.6 of Item 1 is revised in its entirety to read as follows: "1.6 Management of the Project and Affiliate Transactions. The ---------------------------------------------------- Special Purpose Entities shall be managed by the Affiliate and Tennessee Affiliate with voting rights commensurate to their individual ownership interests. The Affiliate will have the right to nominate no more than two persons to provide support to the Special Purpose Entities to develop the Project from commercial, engineering, design and construction standpoints. In the future, Seneca Resources Corporation, a wholly-owned subsidiary of National currently engaged in the exploration for, and the development and purchase of, natural gas and oil reserves in the Gulf Coast of Texas and Louisiana, in California and in the Appalachian region of the United States, and other National system companies as well as Supply may contract to become a shipper on the Project. The Affiliate or the Special Purpose Entities may contract with associate companies in the National system which are not public-utility companies for goods or services. Pursuant to rule 16, Tennessee and all of its affiliates as well as the Special Purpose Entities will be exempt from all obligations, duties or liabilities imposed upon them by the Act as subsidiary companies or affiliates of a registered holding company. The transactions proposed herein are conditioned on the applicability of such exemption. National specifically undertakes that it will not seek recovery through higher rates to National system utility company customers to compensate it for any possible loss that it might sustain by reason of the proposed Project, or for any inadequate returns on such investment." Item 3. Applicable Statutory Provisions. Paragraph 3.2 of Item 3 is revised in its entirety to read as follows: "3.2 General Provisions. The proposal herein is subject to sections ------------------ 6(a), 7, 9(a), 10, 11, 12(b) and 13 and rules 16, 45 and 54 thereunder. If, however, the Securities and Exchange Commission ("Commission") considers the proposed transactions to require any authorization, approval or exemption, under any section of the Act or rule or regulation other than those cited hereinabove, such authorization, approval or exemption is hereby requested." Item 5. Procedures. The fourth paragraph of Item 5 is revised in its entirety to read as follows: "The Rule 24 certificates will also contain a summary of services or goods provided by non-utility associate companies of National to the Affiliate or the Special Purpose Entities. This summary will detail the services or goods provided, identify the company providing the same, the total full-time equivalent employees involved in such service activities during the reporting period and the charge for such service or goods and the method of calculating such charge." -2- SIGNATURES Pursuant to the requirements of the Public Utility Holding Company Act of 1935, the undersigned companies have duly caused this amendment to be signed on their behalf by the undersigned thereunto duly authorized. NATIONAL FUEL GAS COMPANY NATIONAL FUEL GAS DISTRIBUTION CORPORATION By /s/ P.C. Ackerman By /s/ David F. Smith ------------------------- ------------------------ Name: P.C. Ackerman Name: David F. Smith Title: Senior Vice President Title: Senior Vice President NATIONAL FUEL GAS SUPPLY SENECA RESOURCES CORPORATION CORPORATION By /s/ Richard Hare By /s/ James A. Beck ------------------------ ------------------------ Name: Richard Hare Name: James A. Beck Title: President Title: President UTILITY CONSTRUCTORS, INC. HIGHLAND LAND & MINERALS, INC. By /s/ David F. Smith By /s/ P.C. Ackerman ------------------------ ------------------------ Name: David F. Smith Name: P.C. Ackerman Title: Secretary Title: President LEIDY HUB, INC. DATA-TRACK ACCOUNT SERVICES, INC. By /s/ Walter E. DeForest By /s/ David F. Smith ------------------------ ------------------------ Name: Walter E. DeForest Name: David F. Smith Title: President Title: Secretary NATIONAL FUEL RESOURCES, INC. HORIZON ENERGY DEVELOPMENT, INC. By /s/ R.J. Tanski By /s/ Bruce H. Hale ------------------------ ------------------------ Name: R.J. Tanski Name: Bruce H. Hale Title: Secretary Title: Vice President DATED: February 26, 1997 -----END PRIVACY-ENHANCED MESSAGE-----