-----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, RV1BZImL4R6CamclUBGkiwgmyVsaC0GCxde90pSBTDG5sY04qDS9Q7yDcjG2EA/9 d07z89C/PeydFGHvISqycg== 0000092122-94-000079.txt : 19950103 0000092122-94-000079.hdr.sgml : 19950103 ACCESSION NUMBER: 0000092122-94-000079 CONFORMED SUBMISSION TYPE: U-1/A PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 19941230 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: U-1/A SEC ACT: 1935 Act SEC FILE NUMBER: 070-07932 FILM NUMBER: 94567166 BUSINESS ADDRESS: STREET 1: 64 PERIMETER CTR EAST CITY: ATLANTA STATE: GA ZIP: 30346 BUSINESS PHONE: 4043930650 U-1/A 1 File No. 70-7932 SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 AMENDMENT NO. 6 to APPLICATION OR DECLARATION on FORM U-1 under The Public Utility Holding Company Act of 1935 THE SOUTHERN COMPANY SOUTHERN ELECTRIC 64 Perimeter Center East INTERNATIONAL, INC. Atlanta, Georgia 30346 900 Ashwood Parkway, Suite 500 Atlanta, Georgia 30338 ALABAMA POWER COMPANY MISSISSIPPI POWER COMPANY 600 Piedmont Avenue, N.E. 2992 West Beach Atlanta, Georgia 30308 Gulfport, Mississippi 39501 GEORGIA POWER COMPANY GULF POWER COMPANY 333 Piedmont Avenue, N.E. 500 Bayfront Parkway Atlanta, Georgia 30308 Pensacola, Florida 32501 SAVANNAH ELECTRIC AND POWER SOUTHERN COMPANY SERVICES, INC. COMPANY 64 Perimeter Center East 600 Bay Street East Atlanta, Georgia 30346 Savannah, Georgia 31401 SOUTHERN NUCLEAR OPERATING COMPANY 42 Inverness Center Parkway Birmingham, Alabama 36242 (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, Secretary Thomas G. Boren, President The Southern Company Southern Electric International, Inc. 64 Perimeter Center East 900 Ashwood Parkway, Suite 500 Atlanta, Georgia 30346 Atlanta, Georgia 30338 (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 F. Young Financial Vice-President Vice President The Southern Company Southern Company Services, Inc. 64 Perimeter Center East One Wall Street, 42nd Floor Atlanta, Georgia 30346 New York, New York 10005 Thomas G. Boren John D. McLanahan, Esq. President Troutman Sanders Southern Electric 600 Peachtree Street, N.E. International, Inc. Suite 5200 900 Ashwood Parkway Atlanta, Georgia 30308-2216 Suite 500 Atlanta, Georgia 30338 The Application - Declaration (the "Application"), as previously amended and restated by Amendment No. 5, is hereby further amended as follows: 1. Item 1.11 - Other Matters, is hereby amended by adding the following new paragraph after the first paragraph thereof: "Alternatively, where permitted by applicable foreign law, it may be preferable for SEI to organize one or more domestic subsidiaries which would then register or otherwise qualify to do business under the laws of any foreign jurisdiction where SEI intends to engage in project Development Activities. Such domestic subsidiaries would provide SEI with all of the advantages noted in the previous paragraph. At the same time, since domestic subsidiaries may be included in Southern's consolidated federal income tax return, whereas foreign incorporated subsidiaries may not, the use of domestic subsidiaries to conduct foreign Development Activities would enable SEI to take advantage of the losses associated with such Development Activities, which SEI would be funding." 2. The first sentence of the second paragraph of Item 1.11 (now the third paragraph) is hereby amended to read as follows: "Accordingly, SEI requests authority to invest an aggregate of not more than $2 million in the capital stock (or the equivalent thereof under applicable foreign law) of one or more foreign subsidiaries, and/or one or more domestic subsidiaries that would register or otherwise qualify to do business in 2 foreign jurisdictions, through which SEI would conduct its project Development Activities." 3. Item 5 - Procedure, is amended by adding the following paragraph: "The applicants submit that Rule 23 does not require or make necessary the publication of a notice in the Federal Register with respect to the matters contained in this Amendment No. 6. Specifically, the applicants state that the modification to the Application proposed herein is not material and that the choice of domestic or foreign law under which subsidiaries would be incorporated by SEI is not germane to any findings or determinations required to be made by the Commission under the applicable provisions of the Act." 3 SIGNATURE Pursuant to the requirements of the Public Utility Holding Company Act of 1935, the undersigned companies have duly caused this Amendment No. 6 to be signed on their behalf by the undersigned thereunto duly authorized. Dated: December 30, 1994 THE SOUTHERN COMPANY By: /s/Tommy Chisholm Tommy Chisholm Secretary SOUTHERN ELECTRIC INTERNATIONAL, INC. By: /s/Tommy Chisholm Tommy Chisholm Vice President and 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 (Signatures Continued on Next Page) 4 MISSISSIPPI POWER COMPANY By: /s/Wayne Boston Wayne Boston Assistant Secretary 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 NUCLEAR OPERATING COMPANY By: /s/Wayne Boston Wayne Boston Assistant Secretary 5 -----END PRIVACY-ENHANCED MESSAGE-----