-----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, LBJ0Fd/Rq1RhRbZQlLfB7bf39j7fDSXsFQBuCK5lwwQQPFuxDlGVECPYPdJ+OLNQ WQKAy7/HgvJL2ii/KEy/wg== 0000071297-96-000049.txt : 19960701 0000071297-96-000049.hdr.sgml : 19960701 ACCESSION NUMBER: 0000071297-96-000049 CONFORMED SUBMISSION TYPE: POS AMC PUBLIC DOCUMENT COUNT: 3 FILED AS OF DATE: 19960628 SROS: BSE SROS: NYSE FILER: COMPANY DATA: COMPANY CONFORMED NAME: NEW ENGLAND ELECTRIC SYSTEM CENTRAL INDEX KEY: 0000071297 STANDARD INDUSTRIAL CLASSIFICATION: ELECTRIC SERVICES [4911] IRS NUMBER: 041663060 STATE OF INCORPORATION: MA FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: POS AMC SEC ACT: 1935 Act SEC FILE NUMBER: 070-08803 FILM NUMBER: 96588479 BUSINESS ADDRESS: STREET 1: 25 RESEARCH DR CITY: WESTBOROUGH STATE: MA ZIP: 01581 BUSINESS PHONE: 5083669011 POS AMC 1 File No. 70-8803 SECURITIES AND EXCHANGE COMMISSION 450 Fifth Street, N.W. Washington, DC 20549 POST-EFFECTIVE AMENDMENT NO. 1 TO FORM U-1 APPLICATION/DECLARATION UNDER THE PUBLIC UTILITY HOLDING COMPANY ACT OF 1935 NEW ENGLAND ELECTRIC SYSTEM (Names of company filing this Statement) 25 Research Drive Westborough, Massachusetts 01582 (Address of principal executive offices) NEW ENGLAND ELECTRIC SYSTEM (Name of top registered holding company parent of applicant) Michael E. Jesanis Kirk L. Ramsauer Treasurer Associate General Counsel 25 Research Drive 25 Research Drive Westborough, Massachusetts 01582 Westborough, Massachusetts 01582 (Names and addresses of Agents for Service) 1. Item 1 is hereby amended by adding the following new parts thereto: "I. Additional Marketing Companies - ------------------------------------ By its Order dated May 23, 1996 (HCAR 35-26520) (the 'Order'), the Commission approved the formation of one or more marketing companies by NEES in Massachusetts, New Hampshire, Rhode Island, Maryland, Delaware, Pennsylvania, New Jersey, and New York (the 'Marketing Companies') as described in NEES' Application/Declaration on Form U-1 (File No. 70-8803) (the 'Original Statement'). NEES now requests authority to form one or more marketing companies in Connecticut, Maine, and Vermont ('Additional Marketing Companies'). The Additional Marketing Companies shall be subject to the conditions and restrictions set forth in the Original Statement and shall in all respects be treated as Marketing Companies thereunder. In particular, other than the Marketing Companies formed to participate in the Pilot Program in New Hampshire and the Massachusetts Pilot Programs as authorized by the Order, no Marketing Company (including the Additional Marketing Companies) may make retail sales of electricity without first showing state regulatory authority for such activities and obtaining an appropriate supplemental order from the Commission. NEES requests that the Commission reserve jurisdiction over retail sales of electricity by the Additional Marketing Companies." 2. Item 2, Fees, Commission, and Expenses, is amended by adding the following thereto: "Services incidental to this Post-Effective Amendment No. 1 filing will be performed by NEPSCO at the actual cost thereof. Such costs are estimated to not exceed $10,000, including the fee of $2,000 for this filing." 3. Item 3, Applicable Statutory Provisions, is amended by adding the following thereto: "The sections of the Act and rules or exemptions thereunder that are believed to be applicable to the transactions proposed in this Post-Effective Amendment are: Sections 6(a), 7, 9(a), 10, 12, and 13 and Rules 45, 52, 90, and 91." 4. Item 4, Regulatory Approval, is amended by adding the following thereto: "State regulatory commission approval may be required before the Additional Marketing Company operating in a specific state may sell electricity to retail customers in that state. Except for the foregoing, no Federal or State commission or regulatory body, other than the Commission, has jurisdiction over the proposed transactions in this Post-Effective Amendment No. 1." 5. Item 5, Procedure, is amended by adding the following thereto: "The applicants request that the Commission take action with respect to this Post-Effective Amendment No. 1 on or before July 1, 1996, or as soon thereafter as practicable, without a hearing being held. The applicants (i) do not request a recommended decision by a hearing officer, (ii) do not request a recommended decision by any other responsible officer of the Commission, (iii) hereby specify that the Division of Investment Management may assist in the preparation of the Commission's decision, and (iv) hereby request that there be no 30-day waiting period between the date of issuance of the Commission' order and the date on which it is to become effective." 6. Item 6, Exhibits, is amended by adding the following exhibits: (a) Exhibits * F-1 Opinion of Counsel H-1 Proposed Form of Notice * To be filed by amendment 7. Item 7, Environmental Effects, is hereby amended by adding the following thereto: "The transactions proposed by this Post-Effective Amendment No. 1 do not involve a major Federal action significantly affecting the quality of the human environment." SIGNATURE --------- Pursuant to the requirements of the Public Utility Holding Company Act of 1935, the undersigned company has duly caused this Post-Effective Amendment No. 1 to its Application/Declaration on Form U-1 (Commission's File No. 70-8803) to be signed on its behalf, as indicated by the undersigned officer thereunto duly authorized. NEW ENGLAND ELECTRIC SYSTEM s/Michael E. Jesanis By_________________________________ Michael E. Jesanis, Treasurer DATE: June 28, 1996 The name "New England Electric System" means the trustee or trustees for the time being (as trustee or trustees but not personally) under an agreement and declaration of trust dated January 2, 1926, as amended, which is hereby referred to, and a copy of which as amended has been filed with the Secretary of the Commonwealth of Massachusetts. Any agreement, obligation or liability made, entered into or incurred by or on behalf of New England Electric System binds only its trust estate, and no shareholder, director, trustee, officer or agent thereof assumes or shall be held to any liability therefor. EX-99 2 EXHIBIT INDEX Exhibit No. Description Page - ----------- ----------- ---- F-1 Opinion of Counsel To be filed by amendment H-1 Proposed Form of Notice Filed herewith EX-99 3 EXHIBIT H-1 SUGGESTED FORM OF NOTICE By its Order dated May 23, 1996 (HCAR 35-26520) (the 'Order'), the Commission approved the formation of one or more marketing companies by New England Electric System ('NEES') in Massachusetts, New Hampshire, Rhode Island, Maryland, Delaware, Pennsylvania, New Jersey, and New York (the 'Marketing Companies') as described in NEES' Application/Declaration on Form U-1 (File No. 70-8803) (the 'Original Statement'). NEES now requests authority to form one or more marketing companies in Connecticut, Maine, and Vermont ('Additional Marketing Companies'). The Additional Marketing Companies shall be subject to the conditions and restrictions set forth in the Original Statement and shall in all respects be treated as Marketing Companies thereunder. In particular, other than the Marketing Companies formed to participate in the Pilot Program in New Hampshire and the Massachusetts Pilot Programs as authorized by the Order, no Marketing Company (including the Additional Marketing Companies) may make retail sales of electricity without first showing state regulatory authority for such activities and obtaining an appropriate supplemental order from the Commission. NEES requests that the Commission reserve jurisdiction over retail sales of electricity by the Additional Marketing Companies. -----END PRIVACY-ENHANCED MESSAGE-----