-----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, PFEfNjnjXxGuKhv0s6huksYkIHpEH7SOriL5K0I+nZT0Pxhr0JM+X+u8Rw5Ua12P OTvGN65YY8qmuL7IgvZyXw== 0000899652-05-000131.txt : 20050523 0000899652-05-000131.hdr.sgml : 20050523 20050523154443 ACCESSION NUMBER: 0000899652-05-000131 CONFORMED SUBMISSION TYPE: U-1/A PUBLIC DOCUMENT COUNT: 2 FILED AS OF DATE: 20050523 DATE AS OF CHANGE: 20050523 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: 070-10254 FILM NUMBER: 05851204 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 u1a3calebfile07010254.txt As filed with the Securities and Exchange Commission on May 23, 2005. File No. 070-10254 SECURITIES AND EXCHANGE COMMISSION 450 FIFTH STREET WASHINGTON, D.C. 20549 ------------------------------------------ AMENDMENT NO. 3 TO FORM U-1 DECLARATION UNDER THE PUBLIC UTILITY HOLDING COMPANY ACT OF 1935 -------------------------------------------- CINERGY CORP. THE CINCINNATI GAS & ELECTRIC COMPANY 139 East Fourth Street Cincinnati, Ohio 45202 (Name of companies filing this statement and addresses of principal executive offices) --------------------------------------------- CINERGY CORP. (Name of top registered holding company) --------------------------------------------- Wendy L. Aumiller Treasurer Cinergy Corp. 139 East Fourth Street Cincinnati, Ohio 45202 (Name and address of agent for service) Please direct communications to: George Dwight II William C. Weeden Associate General Counsel Skadden Arps Slate Meagher & Flom Cinergy Corp. 1400 New York Avenue, N.W. 139 East Fourth Street, 25 AT2 Washington, D.C. 20005 Cincinnati, Ohio 45202 202-371-7877 (ph) 513-287-2643 (ph) 202-371-7012 (f) 513-287-3810 (f) wweeden@skadden.com gdwight@cinergy.com Item 6. Exhibits and Financial Statements (a) Exhibits I Letter of Public Utilities Commission of Ohio dated May 11, 2005 (conformed copy) SIGNATURE Pursuant to the requirements of the Act, each of the undersigned companies has duly caused this Declaration on Form U-1 to be signed on its behalf by the officer indicated below. Dated: May 23, 2005 CINERGY CORP. By: /s/Wendy L. Aumiller Wendy L. Aumiller Vice President and Treasurer THE CINCINNATI GAS & ELECTRIC COMPANY By: /s/Wendy L. Aumiller Wendy L. Aumiller Vice President and Treasurer EX-99 2 pucoltrcaleb07010254.txt Exhibit I [Letterhead of Public Utilities Commission of Ohio] May 11, 2005 Honorable William H. Donaldson Chairman Securities and Exchange Commission 450 Fifth Street, N.W. Washington, DC 20549 RE: SEC Docket 70-10254 Dear Chairman Donaldson: The Public Utilities Commission of Ohio (PUCO) understands that Cinergy Corp. and The Cincinnati Gas & Electric Company (CG&E) filed a Declaration on Form U-1 as amended (Application) with The Securities and Exchange Commission (SEC) in docket 70-10254. It is the Commission's understanding that the Application requests SEC authorization for CG&E to transfer at net book value its interest in certain electric generation facilities, namely East Bend, Miami Fort 6 and Woodsdale (Generation Assets), to its affiliate The Union Light Heat and Power Company (ULH&P). The PUCO is also aware that the Ohio Consumers' Counsel submitted a Motion to Intervene and Protest, and in the Alternative Motion for Hearing in this case. CG&E's generation assets required to serve UHL&P were not included in CG&E's revenue requirements during the time that the State of Ohio was under cost based rate making. Generating plant to serve UHL&P was allocated out of the revenue requirements because the service was provided under a non-jurisdictional wholesale contract. This is all disclosed in CG&E's last retail base rate case, 92-1464-EL-AIR. The Ohio ratepayers have not contributed any funds for generation assets required to serve the ULH&P load. On January 1, 2001 the State of Ohio deregulated the price for generation. Generation service in Ohio will now be provided at a market price. Transferring these assets to serve the ULH&P load will not have a material affect on retail market rates because it does not affect the regional market for electricity. During CG&E's Rate Stabilization Plan (RSP) proceeding before the PUCO, Case No. 03-93-EL-ATA, the transfer was raised by the parties to the case. CG&E provided testimony on the transfer of the Generating Assets and was subject to questioning during the proceeding regarding the transfer. In the September 29, 2004, Order issued by the PUCO in the RSP case, the PUCO recognized that CG&E would transfer the Generating Assets to ULH&P. If you require additional information, please feel free to contact me. Sincerely /s/ Alan R. Schriber Alan R. Schriber Chairman Public Utilities Commission of Ohio Cc: Meyer Eisenberg (Acting Director) Division of Investment Management David Smith, Associate Director Division of Investment Management Catherine A. Fisher, Assistant Director Division of Investment Management Robert P. Wason, Chief Financial Analyst Division of Investment Management -----END PRIVACY-ENHANCED MESSAGE-----