-----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, PKlNEiMdmrd2fvXlsKA1juR1db+ULLOHivbbA2M/K0QLMuRNRSvYSY2EOOe790dG AyL+eawWoCc1A3Ge2sH2uQ== 0000899652-02-000103.txt : 20020830 0000899652-02-000103.hdr.sgml : 20020830 20020830100122 ACCESSION NUMBER: 0000899652-02-000103 CONFORMED SUBMISSION TYPE: 35-CERT PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20020830 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: 070-09577 FILM NUMBER: 02753505 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 35-CERT 1 file709577.txt As filed with the Securities and Exchange Commission on August 30, 2002. SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 In the Matter of CERTIFICATE Cinergy Corp., et al. OF File No. 70-9577 NOTIFICATION Public Utility Holding Company Act of 1935 ("PUHCA" or "Act") Cinergy Corp., a Delaware corporation and registered holding company ("Cinergy"), hereby submits the following pursuant to rule 24 under the Act and the Commission's orders dated June 23, 2000 and May 18, 2001 in the above docket, HCAR Nos. 27190 and 27400 (the "Cinergy Financing Orders"). This certificate reports activity for the calendar quarter ended June 30, 2002. Any capitalized terms used herein but not defined herein have the respective meanings given in the Cinergy Financing Orders. 1. Pursuant to the "EWG/FUCO Projects Limit" prescribed in the Cinergy Financing Orders, Cinergy's "aggregate investment" (as used in rule 53(a) under PUHCA) may not exceed the sum of (1) an amount equal to 100% of Cinergy's "consolidated retained earnings" (as used in rule 53(a) under PUHCA), plus (2) $2,000,000,000, excluding any investments subject to the Restructuring Limit. At June 30, 2002, (a) Cinergy had "consolidated retained earnings" of $1,332 million and therefore an EWG/FUCO Projects Limit of $3,332 million; (b) Cinergy's "aggregate investment" pursuant to the EWG/FUCO Projects Limit was approximately $1,323 million; and (c) accordingly, Cinergy's remaining investment capacity under the EWG/FUCO Projects Limit was approximately $2,009 million. 2. At June 30, 2002, consolidated debt, cumulative preferred stock, preferred trust securities, and common stock equity comprised approximately 57.5%, 0.8%, 3.7%, and 38.0%, respectively, of Cinergy's consolidated capitalization. (For these purposes, "consolidated debt" means all long-term debt, long-term debt due within one year, notes payable and other short-term obligations, including any short-term debt and non-recourse debt of EWG/FUCO Projects, to the extent normally consolidated under applicable financial reporting rules.) 3. At June 30, 2002, Cinergy's market-to-book ratio was 188%. 4. The Cinergy Financing Orders reserved jurisdiction over the ability of Cinergy to make investments under the Restructuring Limit. Accordingly, there is no activity to report with respect thereto. 5. For the quarter ended June 30, 2002, Cinergy issued $19.5 million of common stock and had a net increase of $144 million in notes payable and other short-term obligations; Cinergy issued no new long-term debt securities. At June 30, 2002, Cinergy's total capitalization (excluding retained earnings and accumulated other comprehensive income) was approximately $3.75 billion, a net increase of $1.75 billion over Cinergy's total capitalization at December 31, 1999, the benchmark used in the Cinergy Financing Orders, in which the Commission authorized Cinergy to increase its total capitalization by $5 billion. Guarantees issued by Cinergy and outstanding at June 30, 2002 totaled $551 million, leaving remaining Cinergy guarantee authority under the Cinergy Financing Orders of $1,449 million. Finally, Cinergy affirms that it has met the applicable terms and conditions as specified in Section II of the Cinergy Financing Orders. 6. Pursuant to a request for confidential treatment under rule 104(b) of PUHCA, Cinergy is concurrently filing in paper format as Exhibit A, certain information concerning new investments for the quarter ended June 30, 2002, aggregate investment by EWG/FUCO Project, growth in retained earnings, net income and revenues of Cinergy's EWG/FUCO Projects. S I G N A T U R E Pursuant to the requirements of PUHCA, the undersigned company has duly caused this document to be signed on its behalf by the undersigned thereunto duly authorized. Date: August 30, 2002 CINERGY CORP. By: /s/Wendy L. Aumiller Wendy L. Aumiller Treasurer -----END PRIVACY-ENHANCED MESSAGE-----