As filed on May 12, 1998
File No. 70-9193
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
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AMENDMENT NO. 2
TO THE
FORM U-1 APPLICATION/DECLARATION
UNDER THE
PUBLIC UTILITY HOLDING COMPANY ACT OF 1935
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New Century Energies, Inc.
Public Service Company of Colorado
NC Enterprises, Inc.
1225 Seventeenth Street
Denver, Colorado 80202-5534
(Names of companies filing this statement
and address of principal executive offices)
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New Century Energies, Inc.
(Name of top registered holding company parent)
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Teresa S. Madden
Controller and Secretary
1225 Seventeenth Street
Denver, Colorado 80202-5534
(Name and address of agent for service)
The Commission is requested to send copies of all notices, orders and
communications in connection with this Application/Declaration to:
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William M. Dudley, Esq. William T. Baker, Jr., Esq.
New Century Services, Inc. Reid & Priest
1225 Seventeenth Street 40 West 57th Street
Denver, Colorado 80202-5534 New York, New York 10019-4097
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<PAGE>
New Century Energies, Inc. ("NCE"), Public Service Company of Colorado
("PSCo"), and NC Enterprises, Inc. ("NC Enterprises") hereby amend their Form
U-1 Application/Declaration, docketed in File No. 70-9193, as amended, as
follows:
1. By amending Item No. 1 (Description of the Proposed Transaction)
by replacing the seventh paragraph with the following so as to add footnote 1:
NC Enterprises plans to prepay the note through capital
contributions made by NCE upon the anticipated sale of common stock in
1998 and 1999 as authorized in File No. 70-9007.1/ In the event that such
plan changes, NCE commits to file a post-effective amendment to this
Application/Declaration to inform the Commission of its new payment plan.
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1/ By order dated August 1, 1997 (HCAR No. 26740) issued in File No.
70-9007, the Commission authorized, among other things, NCE to issue
common stock, par value $1.00 per share, for an aggregate offering
price of up to $535 million (exclusive of common stock issued for
benefit plans and dividend reinvestment plans). Concurrent with the
filing of this Application/ Declaration, NCE has filed Post-Effective
Amendments to its Application/Declaration in File No. 70-9007 to
increase this common stock authorization amount to $745 million
(exclusive of common stock issued for benefit plans and dividend
reinvestment plans). NCE has indicated in File No. 70-9007 that upon
the sale of common stock for which authorization is requested herein,
it will make the contemplated capital contribution to NC Enterprises to
enable the prepayment of the note.
1
<PAGE>
SIGNATURE
Pursuant to the requirements of the Public Utility Holding Company Act of
1935, as amended, the undersigned companies have duly caused this Amendment No.
1 to be signed on their behalf by the undersigned thereunto duly authorized.
NEW CENTURY ENERGIES, INC.
PUBLIC SERVICE COMPANY OF COLORADO
NC ENTERPRISES, INC.
By:
Name: Richard C. Kelly
Title: Executive Vice President and
Chief Financial Officer of
New Century Energies, Inc.;
Executive Vice President of
Public Service Company of
Colorado;
Executive Vice President of
NC Enterprises
Date: May 12, 1998
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