-----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, WuG2LOLWHUidQQqQcwz0h5joLfpTJs+XIFFqKg0CQ8f7XJkbxW4yBSFUaAZ/rWO+ sScfLdmx5fK+2IoDHh7Aug== 0000899652-04-000137.txt : 20040614 0000899652-04-000137.hdr.sgml : 20040611 20040614124114 ACCESSION NUMBER: 0000899652-04-000137 CONFORMED SUBMISSION TYPE: POS AMC PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20040614 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: POS AMC SEC ACT: 1935 Act SEC FILE NUMBER: 070-09577 FILM NUMBER: 04860631 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 POS AMC 1 posno11.txt As filed with the Securities and Exchange Commission on June 14, 2004. File No. 70-9577 SECURITIES AND EXCHANGE COMMISSION 450 FIFTH STREET WASHINGTON, D.C. 20549 ------------------------------------------ AMENDMENT NO. 11 (POST-EFFECTIVE AMENDMENT NO. 9) TO FORM U-1 APPLICATION-DECLARATION UNDER THE PUBLIC UTILITY HOLDING COMPANY ACT OF 1935 -------------------------------------------- Cinergy Corp. Cinergy Global Resources, Inc. Cinergy Capital & Trading, Inc. 139 East Fourth Street Cincinnati, Ohio 45202 (Name of companies filing this statement and address of principal executive offices) Cinergy Corp. (Name of top registered holding company) Wendy L. Aumiller Treasurer Cinergy Corp. (address above) (Name and address of agent for service) Please direct communications to: George Dwight II/ Associate General Counsel Cinergy Corp. (address above) 513-287-2643 (ph) 513-287-3810 (f) gdwight@cinergy.com Reference is made to Amendments Nos. 7 through 10 in this docket (Post-Effective Amendments Nos. 5 through 8) filed on December 14, 2001, January 15, 2002, February 15, 2002 and March 8, 2002, respectively (collectively, the "Restructuring U-1 Amendments"; any capitalized terms used herein without separate definition have the respective meanings assigned thereto in Amendment No. 10). In the Restructuring U-1 Amendments, Cinergy and the other applicants hereto ("Applicants") requested that the Commission release its jurisdiction reserved in the Prior Orders with respect to, and promptly issue an order authorizing, the CG&E restructuring transaction proposed in the Restructuring U-1 Amendments. Applicants hereby withdraw such request. Applicants request that the Commission continue to reserve jurisdiction, pending completion of the record, over (1) any increase in Cinergy's total capitalization (excluding retained earnings and accumulated other comprehensive income) by an aggregate amount greater than $5,000,000,000, and (2) any use of proceeds of financings authorized by the Commission for any transaction that would be subject to the Restructuring Limit (including the CG&E restructuring transaction referred to above). SIGNATURE Pursuant to the requirements of the Public Utility Holding Company Act of 1935, each of the undersigned companies has duly caused this amended application-declaration on Form U-1 to be signed on its behalf by the officer indicated below. Dated: June 14, 2004 CINERGY CORP. By: /s/James B. Gainer James B. Gainer Vice President, Regulatory & Legislative Strategy CINERGY GLOBAL RESOURCES, INC. By: /s/Wendy L. Aumiller Wendy L. Aumiller Treasurer CINERGY CAPITAL & TRADING, INC. By: /s/Wendy L. Aumiller Wendy L. Aumiller Treasurer -----END PRIVACY-ENHANCED MESSAGE-----