-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: keymaster@town.hall.org Originator-Key-Asymmetric: MFkwCgYEVQgBAQICAgADSwAwSAJBALeWW4xDV4i7+b6+UyPn5RtObb1cJ7VkACDq pKb9/DClgTKIm08lCfoilvi9Wl4SODbR1+1waHhiGmeZO8OdgLUCAwEAAQ== MIC-Info: RSA-MD5,RSA, EprMhfDdmjtvExAugCuoscKo9RXheiJnREkOg3WCTOfwlrfel1GJM1f8xRzPsAdT Yh6yZcY4QkuJH1UGGycJrQ== 0000092122-95-000070.txt : 19950622 0000092122-95-000070.hdr.sgml : 19950622 ACCESSION NUMBER: 0000092122-95-000070 CONFORMED SUBMISSION TYPE: POS AMC PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 19950621 SROS: NYSE FILER: COMPANY DATA: COMPANY CONFORMED NAME: SOUTHERN CO CENTRAL INDEX KEY: 0000092122 STANDARD INDUSTRIAL CLASSIFICATION: ELECTRIC SERVICES [4911] IRS NUMBER: 580690070 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: POS AMC SEC ACT: 1935 Act SEC FILE NUMBER: 070-08435 FILM NUMBER: 95548279 BUSINESS ADDRESS: STREET 1: 64 PERIMETER CTR EAST CITY: ATLANTA STATE: GA ZIP: 30346 BUSINESS PHONE: 4043930650 POS AMC 1 AMENDMENT NO. 3 (POST-EFFECTIVE NO. 2) File No. 70-8435 SECURITIES AND EXCHANGE COMMISSION Washington, D. C. 20549 Amendment No. 3 (Post-Effective No. 2) to FORM U-1 APPLICATION OR DECLARATION under The Public Utility Holding Company Act of 1935 THE SOUTHERN COMPANY SAVANNAH ELECTRIC AND POWER COMPANY 64 Perimeter Center East 600 Bay Street East Atlanta, Georgia 30346 Savannah, Georgia 31401 ALABAMA POWER COMPANY SOUTHERN COMPANY SERVICES, INC. 600 North 18th Street 64 Perimeter Center East Birmingham, Alabama 35291 Atlanta, Georgia 30346 GEORGIA POWER COMPANY SOUTHERN ELECTRIC GENERATING COMPANY 333 Piedmont Avenue, N.E. 600 North 18th Street Atlanta, Georgia 30308 Birmingham, Alabama 35291 GULF POWER COMPANY SOUTHERN ELECTRIC INTERNATIONAL, INC. 500 Bayfront Parkway 900 Ashwood Parkway, Suite 500 Pensacola, Florida 32501 Atlanta, Georgia 30338 MISSISSIPPI POWER COMPANY SOUTHERN NUCLEAR OPERATING COMPANY, INC. 2992 West Beach 40 Inverness Center Parkway Gulfport, Mississippi 39501 Birmingham, Alabama 35204 (Name of company or companies filing this statement and addresses of principal executive offices) THE SOUTHERN COMPANY (Name of top registered holding company parent of each applicant or declarant) Tommy Chisholm Kirby R. Willis, Vice President, Secretary Treasurer and Chief Financial Officer The Southern Company Savannah Electric and Power Company 64 Perimeter Center East 600 Bay Street East Atlanta, Georgia 30346 Savannah, Georgia 31401 Art P. Beattie, Vice President, Tommy Chisholm, Vice President Secretary and Treasurer and Secretary Alabama Power Company Southern Company Services, Inc. 600 North 18th Street 64 Perimeter Center East Birmingham, Alabama 35291 Atlanta, Georgia 30346 Judy M. Anderson, Vice President Art P. Beattie and Corporate Secretary Secretary and Treasurer Georgia Power Company Southern Electric Generating Company 333 Piedmont Avenue, N.E. 600 North 18th Street Atlanta, Georgia 30308 Birmingham, Alabama 35291 Warren E. Tate, Secretary Tommy Chisholm, Vice President and Treasurer and Secretary Gulf Power Company Southern Electric International, Inc. 500 Bayfront Parkway 900 Ashwood Parkway, Suite 500 Pensacola, Florida 32501 Atlanta, Georgia 30338 M. W. Southern, Vice President John O. Meier, Vice President Secretary and Treasurer and Corporate Secretary Mississippi Power Company Southern Nuclear Operating Company, Inc. 2992 West Beach 40 Inverness Center Parkway Gulfport, Mississippi 39501 Birmingham, Alabama 35204 (Names and addresses of agents for service) The Commission is requested to mail signed copies of all orders, notices and communications to: W. L. Westbrook John D. McLanahan Financial Vice President Troutman Sanders The Southern Company 600 Peachtree Street, N.E. 64 Perimeter Center East Suite 5200 Atlanta, Georgia 30346 Atlanta, Georgia 30308-2216 Item 1. Description of Proposed Transactions. The first paragraph of Item 1.2 as amended by Amendment No. 2 (Post-Effective No. 1) is hereby deleted and replaced with the following: "Southern now proposes to issue and sell the remaining additional shares of its common stock pursuant to the Plans from time to time on or prior to December 31, 1999. Southern intends to utilize the net proceeds from of the sales of the additional common stock to make investments in subsidiaries, including EWGs and FUCOs, and for other corporate purposes. Investments in subsidiaries would only be made in accordance with existing or future authorizations in separate proceedings, or in accordance with such exemptions as may exist under the Act and the rules and regulations thereunder, provided however, that with respect to direct or indirect investments in EWGs and FUCOs, the sum of (i) the net proceeds of sales of additional common stock used for the purpose of acquiring the securities of or other interests in any such entities, as authorized in this proceeding and in File No. 70-8277, (ii) the principal amount of securities of any EWGs or FUCOs at any time outstanding in respect of which Southern has provided a guarantee, as authorized in File No. 70-8277, and (iii) the proceeds of short-term and term loan borrowings and/or commercial paper sales at any time invested by Southern in EWGs and FUCOs, as authorized in File No. 70-8309, shall not, in the aggregate, exceed the greater of (x) $1.072 billion, and (y) 50% of Southern's "consolidated retained earnings," as determined in accordance with Rule 53(a) (hereinafter, the "Rule 53 Limitation"). The current Rule 53 Limitation ($1.072 billion) is based on Southern's "consolidated retained earnings" and "aggregate investment" at March 31, 1995, as shown in Item 1.3, below." - 2 - SIGNATURES Pursuant to the requirements of the Public Utility Holding Company Act of 1935, the undersigned companies have duly caused this amendment to be signed on their behalf by the undersigned thereunto duly authorized. Dated: June 21, 1995 THE SOUTHERN COMPANY By: /s/Tommy Chisholm Tommy Chisholm Secretary ALABAMA POWER COMPANY By: /s/Wayne Boston Wayne Boston Assistant Secretary GEORGIA POWER COMPANY By: /s/Wayne Boston Wayne Boston Assistant Secretary GULF POWER COMPANY By: /s/Wayne Boston Wayne Boston Assistant Secretary MISSISSIPPI POWER COMPANY By: /s/Wayne Boston Wayne Boston Assistant Secretary (Signatures continued on next page) - 3 - SAVANNAH ELECTRIC AND POWER COMPANY By: /s/Wayne Boston Wayne Boston Assistant Secretary SOUTHERN COMPANY SERVICES, INC. By: /s/Wayne Boston Wayne Boston Assistant Secretary SOUTHERN ELECTRIC GENERATING COMPANY By: /s/Wayne Boston Wayne Boston Assistant Secretary SOUTHERN ELECTRIC INTERNATIONAL, INC. By: /s/Tommy Chisholm Tommy Chisholm Secretary SOUTHERN NUCLEAR OPERATING COMPANY, INC. By: /s/Wayne Boston Wayne Boston Assistant Secretary -----END PRIVACY-ENHANCED MESSAGE-----