-----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, U6Ed/gyji/0+6qBz2rJogm7k/wiQCuSgaqS0J+bfhd7vW/hmPH08IR5CbStjiE61 lFVGX3Dv4UR4pB6ZTnkvoQ== 0000950120-98-000248.txt : 19980702 0000950120-98-000248.hdr.sgml : 19980702 ACCESSION NUMBER: 0000950120-98-000248 CONFORMED SUBMISSION TYPE: U-1/A PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 19980701 SROS: AMEX SROS: NYSE SROS: PCX FILER: COMPANY DATA: COMPANY CONFORMED NAME: PACIFIC ENTERPRISES INC CENTRAL INDEX KEY: 0000075527 STANDARD INDUSTRIAL CLASSIFICATION: NATURAL GAS DISTRIBUTION [4924] IRS NUMBER: 940743670 STATE OF INCORPORATION: CA FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: U-1/A SEC ACT: SEC FILE NUMBER: 070-09313 FILM NUMBER: 98658911 BUSINESS ADDRESS: STREET 1: 555 WEST 5TH ST STREET 2: STE 2900 CITY: LOS ANGELES STATE: CA ZIP: 90013 BUSINESS PHONE: 2138955000 MAIL ADDRESS: STREET 1: 555 WEST 5TH STREET STREET 2: SUITE 2900 CITY: LOS ANGELES STATE: CA ZIP: 90013 FORMER COMPANY: FORMER CONFORMED NAME: PACIFIC LIGHTING CORP DATE OF NAME CHANGE: 19880224 U-1/A 1 AMENDMENT NO. 1 TO FORM U-1 (As filed July 1, 1998) ---------------------- File No. 70-9313 File No. 70-9311 UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 -------------------------------------------------------- Amendment No. 1 to FORM U-1 JOINT APPLICATION OR DECLARATION UNDER THE PUBLIC UTILITY HOLDING COMPANY ACT OF 1935 --------------------------------------------------------- Pacific Enterprises Enova Corporation 555 West Fifth Street, Suite 2900 101 Ash Street Los Angeles, California 90013-1001 San Diego, California 92101 Sempra Energy Frontier Pacific, Inc. 101 Ash Street 555 West Fifth Street, Suite 2900 San Diego, California 92101 Los Angeles, California 90013-1001 (Names of companies filing this statement and addresses of principal executive offices) ----------------------------------------------------- None (Name of top registered holding company parent) ------------------------------------------------------ Richard D. Farman Stephen L. Baum President and Chief Executive Officer President and Chief Executive Pacific Enterprises Officer 555 West Fifth Street, Suite 2900 Enova Corporation Los Angeles, California 90013-1001 101 Ash Street San Diego, California 92101 (Names and addresses of agents for service) The Commission is requested to send copies of all notices, orders and communications in connection with this Application or Declaration to: Donald C. Liddell, Esq. Richard M. Farmer, Esq. David L. Huard, Esq. Andrew F. MacDonald, Esq. Pacific Enterprises William C. Weeden 633 West Fifth Street, Suite 5200 Thelen Reid & Priest LLP Los Angeles, California 90071 40 West 57th Street New York, New York 10019 The Application or Declaration heretofore filed in these proceedings is hereby amended in order to add Sempra Energy ("Sempra"), a California corporation, and Frontier Pacific, Inc. ("Frontier Pacific"), which is currently a Delaware corporation, as applicants, and to request the Commission to issue an order pursuant to Section 3(a)(1) exempting Sempra, Pacific, Enova and Frontier Pacific, and each of their respective subsidiary companies as such, from all provisions of the Act except Section 9(a)(2). 1. The Addition of Sempra as an Applicant. By order dated June 26, -------------------------------------- 1998 (Holding Company Act Release No. 26890), the Commission authorized Sempra pursuant to Sections 9(a)(2) and 10 of the Act to acquire all of the issued and outstanding common stock of Pacific and Enova, and granted Sempra and its subsidiary companies as such an exemption pursuant to Section 3(a)(1) of the Act from all provisions of the Act except Section 9(a)(2). As a "holding company," the indirect acquisition of the voting securities of Frontier by Sempra is subject to Sections 9(a)(2) and 10 of the Act. Accordingly, Sempra is added as an applicant in these proceedings. In addition, Sempra, Pacific and Enova each requests a further order of the Commission confirming that it and each of its subsidiary companies as such will continue to be exempt under Section 3(a)(1) of the Act following their indirect acquisition of the voting securities of Frontier. In this regard, as previously stated (see Application or Declaration, fn. 11), the applicants will derive no material part of their income from Frontier. 2. The Addition of Frontier Pacific as an Applicant. Frontier ------------------------------------------------ Pacific, which is currently an indirect subsidiary of Pacific and Enova,1/ also requests to be made an applicant in these proceedings. At such time ------------------- 1/ Frontier Pacific is wholly-owned by Sempra Energy Solutions, LLC, a California limited liability company whose membership interests are currently held by Pacific and Enova. Prior to the date of the Commission's order in these proceedings, Sempra Energy Solutions, LLC will transfer the common stock of Frontier Pacific to Sempra. 2 as Frontier becomes a "gas utility company," as defined in Section 2(a)(4) of the Act, Frontier Pacific will become a "holding company," as defined in Section 2(a)(7) of the Act. Accordingly, Frontier Pacific joins in requesting an exemption under Section 3(a)(1) from all provisions of the Act, except Section 9(a)(2). In support of such request, Frontier Pacific represents that, on or before the date of the Commission's order in these proceedings, it will either merge into or transfer its interest in Frontier to a new corporation organized in North Carolina, the state in which Frontier is organized and in which Frontier will conduct all of its public utility operations. Frontier will be Frontier Pacific's only public-utility subsidiary. SIGNATURE Pursuant to the requirements of the Public Utility Holding Company Act of 1935, as amended, the undersigned companies have duly caused this statement filed herein to be signed on their behalf by the undersigned thereunto duly authorized. PACIFIC ENTERPRISES By: /s/ Warren I. Mitchell -------------------------- Name: Warren I. Mitchell Title: Executive Vice President (Signatures continued on next page) 3 ENOVA CORPORATION By: /s/ Donald E. Felsinger ------------------------ Name: Donald E. Felsinger Title: President and Chief Operating Officer SEMPRA ENERGY By: /s/ Warren I. Mitchell ------------------------ Name: Warren I. Mitchell Title: Group President - Regulated Business Units FRONTIER PACIFIC, INC. By: /s/ Eric B. Nelson ------------------------ Name: Eric B. Nelson Title: President Date: July 1, 1998 -----END PRIVACY-ENHANCED MESSAGE-----