-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: keymaster@town.hall.org Originator-Key-Asymmetric: MFkwCgYEVQgBAQICAgADSwAwSAJBALeWW4xDV4i7+b6+UyPn5RtObb1cJ7VkACDq pKb9/DClgTKIm08lCfoilvi9Wl4SODbR1+1waHhiGmeZO8OdgLUCAwEAAQ== MIC-Info: RSA-MD5,RSA, a9uL135ksrmaCbrqJAnUJQqXYMM0WLPgP6VFmd/YDxVVAiotzBiO6PvRUn0fym5u ej9cSc/sb8+lpj2jNnozfQ== 0000899652-95-000008.txt : 19950222 0000899652-95-000008.hdr.sgml : 19950222 ACCESSION NUMBER: 0000899652-95-000008 CONFORMED SUBMISSION TYPE: U-57 PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 19950221 SROS: NYSE FILER: COMPANY DATA: COMPANY CONFORMED NAME: CINERGY CORP CENTRAL INDEX KEY: 0000899652 STANDARD INDUSTRIAL CLASSIFICATION: ELECTRIC & OTHER SERVICES COMBINED [4931] IRS NUMBER: 311385023 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: U-57 SEC ACT: 1935 Act SEC FILE NUMBER: 073-00011 FILM NUMBER: 95513958 BUSINESS ADDRESS: STREET 1: 139 E FOURTH ST CITY: CINCINNATI STATE: OH ZIP: 45202 BUSINESS PHONE: 5133812000 MAIL ADDRESS: STREET 1: 139 E FOURTH STREET CITY: CINCINATI STATE: OH ZIP: 45202 U-57 1 FORM U-57 FOR PSI ENERGY ARGENTINA SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM U-57 NOTIFICATION OF FOREIGN UTILITY COMPANY STATUS Filed Under Section 33(a) of the Public Utility Holding Company Act of 1935, as amended PSI Energy Argentina, Inc. 1000 East Main Street Plainfield, Indiana 46168 ______________________________________ (Name of foreign utility company) CINergy Corp. __________________________________________ (Name of filing company if filed on behalf of a foreign utility company) The Commission is requested to mail copies of all communications relating to this Notification to: Cheryl M. Foley Vice President, General Counsel and Corporate Secretary CINergy Corp. 139 East Fourth Street Cincinnati, Ohio 45202 M. Douglas Dunn William T. Baker Milbank, Tweed, Hadley & McCloy Reid & Priest 1 Chase Manhattan Plaza 40 West 57th Street New York, New York 10005-1413 New York, New York 10019 CINergy Corp. ("CINergy"), a Delaware corporation and a registered holding company under the Public Utility Holding Company Act of 1935, as amended (the "Act"), acting on behalf of PSI Energy Argentina, Inc. ("Energy Argentina), an Indiana corporation and wholly-owned subsidiary of CINergy, hereby notifies the Securities and Exchange Commission (the "Commission") that Energy Argentina is, and hereby claims status as, a foreign utility company ("FUCO") within the meaning of Section 33 of the Act. Item 1. Name, Business Address, Facilities and Ownership. The name and business address of the company claiming FUCO status is PSI Energy Argentina, Inc., 1000 East Main Street, Plainfield, Indiana 46168. Energy Argentina owns an indirect interest in, and participates in the operation of, Edesur, S.A. ("Edesur"), an electric distribution system serving the southern half of Buenos Aires, Argentina. Energy Argentina acquired its interest in Edesur in the privatization of distribution assets in Argentina in 1992 and is an 8% shareholder in Distrilec Inversora, S.A. ("Distrilec"), which owns 51% of the stock of Edesur. All of the outstanding voting stock of Energy Argentina is owned by PSI Energy, Inc., an Indiana corporation ("PSI Energy"). CINergy owns 100% of the common stock of PSI Energy. The ownership of Distrilec is more fully described in the Application of PSI Resources, Inc. and PSI Energy for an Order under Section 3(b) of the Act and Form U-1 Application in File No. 70-7964, which is hereby incorporated by reference. Item 2. Domestic Associate Public-Utility Companies of Energy Argentina and their Relationship to Energy Argentina. PSI Energy, which provides electric service in portions of the State of Indiana, is a domestic public utility associate company of Energy Argentina. The relationship between PSI Energy and Energy Argentina is that of parent and wholly-owned subsidiary, respectively. In addition, through Energy Argentina, PSI Energy provides certain services to Edesur. As set forth in the Commission's order in PSI Resources, et al., Holding Co. Act Rel. No. 35-25570, 51 SEC Docket 1374 (July 2, 1992), "only a small number of [PSI Energy] employees will be involved in providing services to [Edesur] and none of . . . PSI Energy's senior management will be assigned on a full-time or long-term basis to such tasks. To the extent that employees of PSI Energy provide any services in connection with the Argentine operations, PSI Energy will charge for such services based upon accounting procedures already in place and subject to review by the Indiana Utility Regulatory Commission." The purchase price for PSI Energy's interest in Energy Argentina was paid by PSI Resources, Inc. ("PSI"), which was the parent company of PSI Energy when Energy Argentina was organized. In addition to PSI Energy, the following companies are domestic public utility associate companies of Energy Argentina: The Cincinnati Gas & Electric Company ("CG&E"), an Ohio corporation; The Union Light, Heat & Power Company ("ULH&P"), a Kentucky corporation; Lawrenceburg Gas Company ("Lawrenceburg"), an Indiana corporation; The West Harrison Gas and Electric Company ("West Harrison"), an Indiana corporation; and Miami Power Corporation ("Miami"), an Indiana corporation. CG&E is a direct subsidiary of CINergy, and ULH&P, Lawrenceburg, West Harrison and Miami are direct subsidiaries of CG&E. At present, apart from their common affiliation under CINergy, CG&E, ULH&P, Lawrenceburg, West Harrison and Miami have no relationship with Energy Argentina. Exhibit A: State certifications. Because CINergy is a registered holding company, state certifications under Section 33(a)(2) are not required for Energy Argentina to be exempt under Section 33(a)(1) of the Act. Because Energy Argentina was organized before the creation of the CINergy system and the enactment of Section 33 of the Act, exemptions under Section 3(b) of the Act (together with certain approvals of the Commission) were obtained for Energy Argentina and certain related investments. See PSI Resources, et al., Holding Co. Act Rel. No. 35-25570, 51 SEC Docket 1374 (July 2, 1992); PSI Resources, Inc., et al., Holding Co. Act Rel. No. 35-25674, 52 SEC Docket 2533 (Nov. 13, 1992). In connection with the applications for those exemptions and approvals, the following letters were submitted to the Commission: (1) Letter from James R. Monk, Chairman, Indiana Utility Regulatory Commission, to the Commission dated September 15, 1992. (2) Letter from James R. Monk, Chairman, Indiana Utility Regulatory Commission, to the Commission dated July 2, 1992. In these letters, the Indiana Utility Regulatory Commission ("IURC") indicated that PSI Energy's ratepayers are adequately insulated from the effects of PSI Energy's foreign diversification investment in Energy Argentina and that the investment would not impair the IURC's ability to regulate effectively the operations of PSI Energy. See PSI Resources, Inc., et al., Holding Co. Act Rel. No. 35-25674, 52 SEC Docket 2533, 2536-37 (Nov. 13, 1992) (IURC "has sufficient general and specific authority to protect PSI Energy's consumers in connection with the proposed transactions" and "has 'the authority to adjust PSI Energy's rates to protect ratepayers from adverse financial effects resulting from diversification activities'") (footnotes omitted); PSI Resources, et al., Holding Co. Act Rel. No. 35-25570, 51 SEC Docket 1374, 1374-75 (July 2, 1992) (IURC's "continuing authority over PSI Energy's capital structure, financing and cost of capital for ratemaking purposes will enable the IURC to protect PSI Energy's retail electric customers from any financial effects resulting from the activities of [Energy] Argentina"). SIGNATURE The undersigned company has duly caused this statement to be signed on its behalf by the undersigned thereunto duly authorized. CINergy Corp. By: /s/ William L. Sheafer ----------------------------- William L. Sheafer Treasurer Date: February 21, 1995 -----END PRIVACY-ENHANCED MESSAGE-----