-----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, Cf7nCyAGeyld3G5wBKIwBf3DIRDUTMHxcOxQsYppULmyMnOxi2FaMxQnvvyuOyPk 4NU5FOxs7/j9nIYEMhjWPQ== 0000899652-96-000153.txt : 19960830 0000899652-96-000153.hdr.sgml : 19960830 ACCESSION NUMBER: 0000899652-96-000153 CONFORMED SUBMISSION TYPE: 35-CERT PUBLIC DOCUMENT COUNT: 3 FILED AS OF DATE: 19960829 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: 35-CERT SEC ACT: 1935 Act SEC FILE NUMBER: 070-08767 FILM NUMBER: 96623113 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 35-CERT 1 CERTIFICATE OF NOTIFICATION (RULE 24) SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 In the Matter of CERTIFICATE Cinergy Corp. et al. OF File No. 70-8767 NOTIFICATION (Public Utility Holding Company Act of 1935) With reference to the transactions (a) proposed in the Application- Declaration on Form U-1, as amended, in the above proceeding filed by Cinergy Corp., a registered holding company ("Cinergy"), Cinergy Investments, Inc., Cinergy's nonutility subholding company ("Investments"), and Cinergy Services, Inc., Cinergy's service company subsidiary ("Cinergy Services"; and together with Cinergy and Investments, the "Applicants"), and (b) authorized by the Commission in its order dated February 20, 1996 (Rel. No. 35-26474), Services hereby notifies the Commission, on behalf of itself and the other Applicants, as follows: 1. Enclosed herewith as Exhibit A are an unaudited balance sheet and income statement of Cinergy Cooling Corp. ("CoolCo") as of and for the calendar quarterly period ended June 30, 1996 ("Second Quarter 1996"). 2. Summary of business activities during Second Quarter 1996: (a) To date, CoolCo has engaged only in preliminary business activities. On February 22, 1996, the Public Utilities Commission of Ohio issued an order in Case Nos. 96-126-CC-AIS and 96-127-HT-AIS authorizing the initial capitalization of CoolCo and an affiliated district heating company that would also serve the downtown Cincinnati area. (As of the date hereof, that latter entity had not been formed.) (b) CoolCo was incorporated under Ohio law on February 27, 1996 as a direct, wholly-owned subsidiary of Investments. (c) On May 22, 1996 the City of Cincinnati awarded Cinergy an exclusive franchise to provide district cooling in downtown Cincinnati (the original franchise granted by the City in favor of Cinergy on January 24, 1996 was non-exclusive). Throughout the Second Quarter 1996 CoolCo also has been engaged in obtaining additional required permits and variances. (d) CoolCo is negotiating a lease of a site in downtown Cincinnati that, after extensive construction and engineering modifications, will function as its central plant for the production of chilled water to supply the air conditioning needs of downtown Cincinnati buildings. Construction on the central plant and installation of the distribution system piping in the streets is scheduled to begin in the fall of 1996, by nonaffiliated construction contractors under the supervision of Cinergy Services. The initial phase of construction of the chiller plant and the distribution network is projected to be completed in time for the 1997 cooling season. For further information, reference is made to the August 22, 1996 press release of Cinergy enclosed herewith as Exhibit B. (e) Throughout this period, representatives of CoolCo have been engaged in negotiations with potential customers. As of the date hereof, letters of intent had been entered into with potential customers covering an aggregate of about 7500 tons of chilled water on an annual basis. 3. Summary of financing activities during Second Quarter 1996: (a) As noted above, CoolCo was formed on February 27, 1996 as a wholly-owned subsidiary of Investments. CoolCo was initially capitalized entirely on a common stock basis; of its 850 shares of no par value common stock which CoolCo is authorized under its articles of incorporation to issue, CoolCo issued and sold 100 shares to Investments for a cash consideration of $100. (b) Throughout the Second Quarter 1996, Investments made a series of open-account advances to CoolCo totaling $1,069,886 at June 30, 1996. The advances bears interest at annual interest rates varying from 5.49% to 5.89%. 4. Summary of any services received by CoolCo during Second Quarter 1996 from Cinergy Services, identifying each service by function and the aggregate cost thereof charged to CoolCo: (a) listing of services provided by Cinergy Services: (I) legal, financial and executive (including project and construction management) (b) total dollar amount of services provided: (I) $119,000 S I G N A T U R E Pursuant to the requirements of the Public Utility Holding Company Act of 1935, as amended, the undersigned company has duly caused this document to be signed on its behalf by the undersigned thereunto duly authorized. Date: August 29, 1996 CINERGY SERVICES, INC. By:/s/William L. Sheafer Treasurer EX-99.A 2 EXHIBIT A Exhibit A CINERGY COOLING CORP. STATEMENT OF INCOME (UNAUDITED) QUARTER ENDED JUNE 30, 1996 (in thousands) Operating Revenues $ - Operating Expenses Other operation - Income Taxes - Taxes other than income taxes - - Operating Income - Other Income and Expense - Net Income Taxes 202 Other - net (575) (373) Income Before Interest and Other Charges (373) Other interest 3 Net Income $ (376) CINERGY COOLING CORP. BALANCE SHEET (UNAUDITED) AT JUNE 30, 1996 (in thousands) ASSETS Current Assets Accounts receivable $ - Accounts receivable - affiliates - Other - - Other Assets Construction work in progress 490 Other 2 $ 492 CAPITALIZATION AND LIABILITIES Common Stock Equity Paid-in capital $ - Retained earnings (376) Total common stock equity (376) Current Liabilities Accounts payable - Accounts payable - affiliates 1,070 Accrued taxes (202) 868 Other Liabilities Deferred income taxes - Other - - $ 492 EX-99.B 3 EXHIBIT B EXHIBIT B to Certificate of Notification dated August 29, 1996 in Securities and Exchange Commission File No. 70-8767 Media contact: Steve Brash 513-287-2226 (w) 513-231-6895 (h) FOR IMMEDIATE RELEASE - AUGUST 22, 1996 CONSTRUCTION TO BEGIN ON CHILLED WATER SYSTEM CINCINNATI - Cinergy Corp. (NYSE:CIN) announced today that its non-regulated subsidiary, Cinergy Cooling Corp., plans to begin construction in early September on a district chilled water system that will provide air conditioning for downtown Cincinnati buildings. The first phase of the system will include the installation of a chiller plant in the basement of the Fourth and Walnut Centre. A piping system to distribute the chilled water and return it to the plant will be installed this fall in the Fourth Street corridor between Walnut and Vine. The first portion of the system is to be completed in time for the 1997 cooling season. District chilled water technology is an efficient air conditioning method that has been made more attractive by federal regulations banning the use of certain chemical refrigerants commonly found in most downtown buildings' cooling systems. By connecting to a central chilled water system, building owners avoid significant investments to retrofit existing systems or install new systems using approved refrigerants. Page 2. Construction to begin on chilled water system To minimize disruption in the downtown business district, Cinergy Cooling is planning to limit construction to non-business hours. Construction in the street will be at night between 6 p.m. and 7 a.m. When working, crews and equipment will require each block to be closed during those hours each day. Completion of the work on Fourth Street is scheduled for mid-November. The street will remain open during business hours. Cinergy Cooling is expecting to invest about $28 million in the first plant and associated distribution system. Additional phases are being planned to serve other parts of the central business district. ### -----END PRIVACY-ENHANCED MESSAGE-----