-----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, Q7j48CeenkG7HBjoFaI2Fry4B8s0reMNY6QhGUw8JGDrvtOx5n7zw/xKwgocZ0RM 5Cy3eimSUTxUfMg9wkJ7bg== 0000899652-02-000049.txt : 20020524 0000899652-02-000049.hdr.sgml : 20020524 20020524085409 ACCESSION NUMBER: 0000899652-02-000049 CONFORMED SUBMISSION TYPE: U-1/A PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20020524 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-1/A SEC ACT: 1935 Act SEC FILE NUMBER: 070-10015 FILM NUMBER: 02661555 BUSINESS ADDRESS: STREET 1: 139 E FOURTH ST CITY: CINCINNATI STATE: OH ZIP: 45202 BUSINESS PHONE: 5132872644 MAIL ADDRESS: STREET 1: 139 E FOURTH STREET STREET 2: P.O BOX 960 CITY: CINCINATI STATE: OH ZIP: 45202 U-1/A 1 u1file07010015.txt As filed with the Securities and Exchange Commission on May 24, 2002 File No. 070-10015 SECURITIES AND EXCHANGE COMMISSION 450 FIFTH STREET WASHINGTON, D.C. 20549 ------------------------------------------ AMENDMENT NO. 2 TO FORM U-1 APPLICATION-DECLARATION UNDER THE PUBLIC UTILITY HOLDING COMPANY ACT OF 1935 -------------------------------------------- Cinergy Corp. 139 East Fourth Street Cincinnati, Ohio 45202 (Name of company filing this statement and address of principal executive offices) --------------------------------------------- Cinergy Corp. (Name of top registered holding company) --------------------------------------------- Wendy L. Aumiller, Acting Treasurer Cinergy Corp. 139 East Fourth Street, 24AT2 Cincinnati, Ohio 45202 (Name and address of agent for service) ----------------------------------------------- Please direct communications to: George Dwight II/ Senior Counsel William T. Baker, Jr. Cinergy Corp. Thelen Reid & Priest LLP 139 East Fourth Street, 25AT2 40 West 57th Street Cincinnati, Ohio 45202 New York, New York 10019 513-287-2643 (ph) 212-603-2106 (ph) 513-287-3810 (f) 212-603-2001 (f) gdwight@cinergy.com wbaker@thelenreid.com Andrew F. MacDonald Thelen Reid & Priest LLP 701 Pennsylvania Ave., N.W. Washington, DC 20004 202-508-4059 (ph) 202-508-1844 (f) amacdonald@thelenreid.com The application-declaration filed in this proceeding on December 4, 2001, as amended and restated in its entirety by Amendment No. 1, filed March 5, 2002, is hereby further amended as follows: The sixth paragraph of Item 1.B. is amended and restated in its entirety to read as follows: "The Commission has authorized, under the standards of sections 10 and 11(b)(1) of the Act, other registered holding companies to acquire or retain (upon becoming registered holding companies) ownership of non-utility subsidiaries that are engaged in providing traditional infrastructure services to utility, industrial, mining, institutional and governmental entities ("Infrastructure Services").5 As in these other cases, the Infrastructure Services proposed herein would include: o design, construction, retrofit and maintenance of utility transmission and distribution systems, including erection of transmission towers and poles, trenching and burying of underground conduits, construction and maintenance of substations and electrical vaults, storm restoration services involving electrical transmission and distribution systems, and splicing, installation and repair of electrical conductors; o installation and maintenance of natural gas pipelines and laterals, water and sewer pipelines, and underground and overhead telecommunications networks; and o installation and servicing of meter reading devices and related communications networks, including fiber optic cable. SIGNATURE Pursuant to the requirements of the Public Utility Holding Company Act of 1935, the undersigned company has duly caused this amended Application/Declaration on Form U-1 to be signed on its behalf by the officer indicated below. Cinergy Corp. By: /s/Wendy L. Aumiller Wendy Aumiller Acting Treasurer Dated: May 24, 2002 5 See GPU, Inc., et al. (HCAR No. 27165, Apr. 14, 2000) (approving acquisition of MYR Group, Inc.); and Exelon Corporation --- ---------------- No. 27256, Oct. 19, 2000) (permitting retention of non-utility subsidiaries that provide a wide variety of infrastructure services throughout the United States and, to a limited degree, Canada). -----END PRIVACY-ENHANCED MESSAGE-----