(As filed November 16, 1999)
File No. 70-9199
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
_______________________________________________________
Post-Effective Amendment No. 3
("POS AMC")
to
FORM U-1
APPLICATION OR DECLARATION
UNDER THE
PUBLIC UTILITY HOLDING COMPANY ACT OF 1935
______________________________________________________
New Century Energies, Inc.
Public Service Company of Colorado
NC Enterprises, Inc.
1225 17th Street
Denver, Colorado 80202-5533
(Names of companies filing this statement and
addresses of principal executive offices)
_____________________________________________________
New Century Energies, Inc.
(Name of top registered holding company parent)
____________________________________________________
Teresa S. Madden
Controller
New Century Energies, Inc
1225 17th Street, Suite 900
Denver, Colorado 80202-5533
____________________________________________________
(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:
James D. Albright, Esq. William T. Baker, Jr., Esq.
William M. Dudley, Esq. Thelen Reid & Priest LLP
New Century Energies, Inc 40 West 57th Street
1225 17th Street, Suite 600 New York, New York 10019
Denver, Colorado 80202-5533
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Post-Effective Amendment No. 2 in this proceeding, filed October 20,
1999, is hereby amended and restated in its entirety to read as follows:
By order dated May 28, 1999 (Holding Co. Act Rel. No. 27034) in this
proceeding, the Commission authorized New Century Energies, Inc. ("NCE"), a
registered holding company, its wholly-owned non-utility subsidiary, NC
Enterprises, Inc. ("Enterprises"), and its wholly-owned public-utility
subsidiary, Public Service Company of Colorado ("PSCo"), to carry out certain
transactions relating to the formation of WYCO Development LLC ("WYCO"), a
limited liability company to be 50% owned by Enterprises, the sale by PSCo to
WYCO of a 53-mile natural gas pipeline constructed by PSCo ("Front Range
Pipeline"), and the leaseback of such facility by PSCo. The remaining 50%
interest in WYCO will be held by a subsidiary of The Coastal Corporation
("Coastal"), and another subsidiary of Coastal, Wyoming Interstate Company,
Ltd. ("WIC"), intends to sell to and leaseback from WYCO certain natural gas
compressor and related pipeline facilities in Wyoming, referred to in the
Application as the Powder River Lateral Expansion.
The Front Range Pipeline and a portion of the Powder River Lateral
Expansion were completed and placed in service in late 1998. By Supplemental
Order dated August 24, 1999, the Commission authorized an extension of the
period of authorization for the sale-leaseback transactions through October 31,
1999. The parties have agreed to extend the closing an additional thirty-one
(31) days until December 1, 1999. WIC is currently in the process of
constructing certain of the facilities which WIC intends to sell to and
leaseback from WYCO, referred to in the Application as "Phase II" of the Powder
River Lateral Expansion. These facilities are scheduled to be completed and
placed into service on December 1, 1999. In order to include these newly-
constructed facilities in the planned sale-leaseback transactions, the parties
have agreed to schedule a closing coincident with the in-service date of the
new WIC facilities, but in no event later than December 15, 1999. Accordingly,
pursuant to Rule 24(c)(1), the applicants request that the Commission issue a
further order in this proceeding extending the effective period of the May 28,
1999 order through December 15, 1999.
No additional state or federal regulatory approvals, other than the
approval of this Commission, is required for the extension requested herein.
The fees, commissions and expenses paid or incurred in connection with filing
this Post-Effective Amendment are not expected to exceed $500.
NCE currently meets the requirements of Rule 53(a)(2), (a)(3) and
(a)(4), but does not meet the requirements of Rule 53(a)(1). NCE's "aggregate
investment," as defined in Rule 53(a)(1), is currently equal to 50.8% of NCE's
"consolidated retained earnings," also as defined in Rule 53(a)(1), for the
four
quarters ended September 30, 1999. However, by order dated February 26, 1999
(Holding Co. Act Release No. 26982) (the "100% Order"), the Commission
authorized NCE to finance investments in "exempt wholesale generators" ("EWGs")
and "foreign utility companies" ("FUCOs") in an amount up to 100% of NCE's
"consolidated retained earnings." Since the date of the 100% Order, there has
been no material change in
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NCE's consolidated capitalization ratios. Further, NCE's interests in EWGs
and FUCOs have contributed positively to its consolidated earnings since such
date.
SIGNATURE
Pursuant to the requirements of the Public Utility Holding Company Act
of 1935, as amended, the undersigned companies have duly caused this post-
effective amendment to the Application or Declaration previously filed herein
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: /s/ Richard C. Kelly
----------------------
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; and
Executive Vice President
of NC Enterprises, Inc.
Date: November 16, 1999
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