-----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, Ixa+2v7uulmDrfC6wRsWP5/sUykcv9DxwkG6azKfoBDDVIwYnrpl1BvLCYVLLNGp 7+xbq01jg4dTqfsIfYe9sw== 0000950172-01-500497.txt : 20010711 0000950172-01-500497.hdr.sgml : 20010711 ACCESSION NUMBER: 0000950172-01-500497 CONFORMED SUBMISSION TYPE: U-57/A PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20010710 FILER: COMPANY DATA: COMPANY CONFORMED NAME: AES CORPORATION CENTRAL INDEX KEY: 0000874761 STANDARD INDUSTRIAL CLASSIFICATION: COGENERATION SERVICES & SMALL POWER PRODUCERS [4991] IRS NUMBER: 541163725 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: U-57/A SEC ACT: SEC FILE NUMBER: 073-00010 FILM NUMBER: 1678461 BUSINESS ADDRESS: STREET 1: 1001 N 19TH ST STREET 2: STE 2000 CITY: ARLINGTON STATE: VA ZIP: 22209 BUSINESS PHONE: 7035221315 U-57/A 1 s323362.txt U-57/A SECURITIES AND EXCHANGE COMMISSION Washington, D.C. FORM U-57/A NOTIFICATION OF FOREIGN UTILITY COMPANY STATUS Filed under section 33(a) of the Public Utility Holding Company Act of 1935, as amended Gener S.A. by THE AES CORPORATION 1001 North 19th Street Arlington, VA 22209 The AES Corporation ("AES"), a Delaware corporation and a public utility holding company exempt from registration under Section 3(a)(5) of the Public Utility Holding Company Act of 1935, as amended (the "Act"), hereby files with the Securities and Exchange Commission (the "Commission") this Form U-57/A under Section 33(a) of the Act on behalf of Gener S.A. ("Gener"), a corporation organized under the laws of Chile, along with its operating unit Centrogener, for the purpose of notifying the Commission that Gener along with Centrogener is a "foreign utility company" ("FUCO") within the meaning of Section 33 of the Act. This Form U-57/A amends and restates in its entirety the Form U-57/A that AES filed on behalf of Gener and Centrogener on January 5, 2001. Gener does not derive and will not derive any part of its income, directly or indirectly, from the generation, transmission or distribution of electric energy for sale, or the distribution at retail of natural or manufactured gas for heat, light or power, within the United States. Neither Gener nor any of its subsidiary companies is or will be a public utility operating within the United States. ITEM 1 Name and Business Address: Gener S.A. Miraflores 222, 4th Floor Santiago Chile Description of Facilities: Gener, either directly or through its related companies and subsidiaries, owns and operates 17 generation facilities in Chile with an aggregate installed capacity of 1,758.1 megawatts ("MW"). These facilities are used to provide power to the Sistema Interconectado Central and the Sistema Interconectado del Norte Grande in Chile. Gener owns directly the following thermoelectric power plants: Laguna Verde, with a capacity of 54.7 MW, Renca, with a cpapcity of 100 MW, Vantanas, with a capacity of 338 MW, and El Indio, with a capacity of 18.8 MW. Gener owns and operates four hydroelectric plants: Alfalfal, with a capacity of 160.0 MW, Queltehues, with a capacity of 41.1 MW, Maitenes, with a capacity of 30.8 MW, and Volcan, with a capacity of 13.0 MW. Gener owns and/or operates a 345 kilovolt ("kv") transmission line, five 220 kv, and eight 110 kv transmission lines in Chile. Ownership: Gener is a corporation formed under the laws of Chile. AES owns approximately 96.45% of Gener. ITEM 2 The domestic associate public utility companies of Gener are Central Illinois Light Company ("CILCO") and Indianapolis Power & Light Company ("IPL"), each of which are indirect wholly-owned subsidiaries of AES. Neither CILCO nor IPL has made any investment in, nor has any contractual relationship with, Gener, nor are any such investments or contractual relationships contemplated. The certification of the Illinois Commerce Commission, as required under Section 33(a)(2) of the Act, is attached hereto as Exhibit A. The certification of the Indiana Utility Regulatory Commission, as required under Section 33(a)(2) of the Act, is attached hereto as Exhibit B. The Commission is requested to mail copies of all correspondence relating to this Notification to: William R. Luraschi The AES Corporation 1001 North 19th Street Arlington, VA 22209 William C. Weeden Skadden, Arps, Slate, Meagher & Flom LLP 1440 New York Ave. NW Washington, D.C. 20005 [REMAINDER OF PAGE INTENTIONALLY BLANK] The undersigned company has duly caused this statement to be signed on its behalf by the undersigned officer thereunto duly authorized. THE AES CORPORATION By: /s/ Paul T. Hanrahan ------------------------- Name: Paul T. Hanrahan Title: Senior Vice President Date: July 2, 2001 Exhibit A --------- [Illinois Commerce Commission Letterhead] March 10, 1999 Securities and Exchange Commission 450 Fifth Street, N.W. Washington, D.C. 20549 Ladies and Gentlemen: We are writing to you with respect to Central Illinois Light Company ("CILCO") and its parent, CILCORP Inc., and the pending merger transaction involving CILCORP Inc. and The AES Corporation. We have been advised that The AES Corporation, through its subsidiaries (other than CILCORP Inc. or subsidiaries of CILCORP Inc.), affiliates, or through other entities, currently holds, and intends to continue to hold and acquire, ownership interest in electric and natural gas facilities in one or more foreign countries. We submit this letter pursuant to the requirements of Section 33(a)(2) of the Public Utility Holding Company Act of 1935, as amended (the "Act"). A 1997 Illinois law implemented changes to historical utility regulation. The law required all regulated electric utilities to reduce their rates to residential consumers in 1998 and, subject to certain specified exceptions, froze such electric rates until 2005. While neither the utilities nor the Illinois Commerce Commission ("Commission") can change bundled electric rates until 2005, the Commission retains jurisdiction to set rates for unbundled delivery service. In addition, electric utilities are subject to other statutory provisions that require a sharing of revenues with consumers if the utility earns more than certain specified thresholds. However, the restructuring legislation gave electric utilities great flexibility in writing down assets and accelerating depreciation, so utilities may be able to avoid triggering the over-earning threshold. Also, the legislation removed Commission authority over the sale, lease or other transfer of assets to affiliated or unaffiliated entities until January 1, 2005. Also, the Commission has jurisdiction over electric and gas delivery system reliability. However, the Commission cannot order a utility to construct additional generation. Finally, while the Commission's authority to approve or disapprove some merger and reorganization transactions has been suspended until 2005, regulated utilities are required to provide the Commission with a 30-day advanced notice of any proposed transaction, with supporting documentation, and to file certain reports thereafter. Securities and Exchange Commission March 10, 1999 Page 2 The Illinois Commerce Commission hereby certifies to you that we have the authority and resources to protect Illinois consumers in accordance with the Illinois statutes discussed in the previous paragraph. We intend to exercise such authority. Sincerely, Illinois Commerce Commission /s/ Richard L. Mathias Richard L. Mathias Chairman cc: Mr. Edward J. Griffin, DeFrees & Fiske Mr. Robert W. Wason, Security and Exchange Commission Exhibit B --------- [LETTERHEAD OF THE INDIANA UTILITY REGULATORY COMMISSION] September 28, 2000 Mr. Jonathan G. Katz, Secretary Securities and Exchange Commission 450 Fifth Street, NW Washington, D.C. 20549 Dear Mr. Katz: We are writing with respect to Indianapolis Power & Light Company, its parent, IPALCO Enterprises, Inc. and The AES Corporation. We have been advised that The AES Corporation, through its subsidiaries (other than IPALCO Enterprises, Inc. and its subsidiaries), affiliates, or through other entities, currently holds, and intends to continue to hold and acquire ownership interests in electric and natural gas facilities in one or more foreign countries. We submit this letter pursuant to the requirements of Section 33(a)(2) of the Public Utility Holding Company Act of 1935, as amended. The Indiana Utility Regulatory Commission hereby certifies to you that it has the authority and resources to protect ratepayers subject to its jurisdiction and that it intends to exercise that authority. Sincerely, /s/ William D. McCarty William D. McCarty Chairman -----END PRIVACY-ENHANCED MESSAGE-----