(As filed December 20, 1999)
File No. 70-8787
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
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Post-Effective Amendment No. 3
("POS AMC")
to
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.
Natural Fuels Corporation
1225 17th Street
Denver, Colorado 80202-5533
(Names of companies filing this statement and
addresses 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
New Century Energies, Inc
1225 17th Street, Suite 900
Denver, Colorado 80202-5533
(Name and address of agents for service)
The Commission is requested to send copies of all notices, orders and
communications in connection with this Application/Declaration to:
William M. Dudley, Esq. William T. Baker, Jr., Esq.
New Century Energies, Inc Thelen Reid & Priest LLP
1225 17th Street, Suite 600 40 West 57th Street
Denver, Colorado 80202-5533 New York, New York 10019
<PAGE>
Post-Effective Amendment No. 1, as filed in this proceeding on October 1,
1999, and as amended by Post-Effective Amendment No. 2, filed on December 15,
1999, is hereby further amended to include the following exhibits in ITEM 6 -
EXHIBITS AND FINANCIAL STATEMENTS:
A-1 Articles of Organization of Natural Fuels Company LLC. (Refiled).
A-3 Articles of Organization of Colorado Natural Fuels, LLC.
SIGNATURE
Pursuant to the requirements of the Public Utility Holding Company Act of
1935, as amended, the undersigned companies have duly caused this statement 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
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Name: Richard C. Kelly
Title: Executive Vice President
NATURAL FUELS CORPORATION
By: /s/ Curtis C. Dallinger
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Name: Curtis C. Dallinger
Title: President
Date: December 20, 1999
Exhibit A-1
CERTIFICATE OF FORMATION
OF
NATURAL FUELS COMPANY LLC
The undersigned, having been duly authorized to execute this Certificate of
Formation pursuant to the Delaware Limited Liability Act, certifies as follows
with respect to such limited liability company:
1. Name: The name of the limited liability company is Natural Fuels Company
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LLC ("Company").
2. Registered Office and Agent. The name and business address of the Company's
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initial registered agent for service of process is Corporation Service
Company, 1013 Centre Road, Wilmington, Delaware 19805, and the Company's
registered office in the State of Delaware is 1013 Centre Road, Wilmington,
Delaware 19805.
3. Delayed Effective Date. The date of formation of the Company shall be
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January 1, 1999.
December 11, 1998 /s/ Arlene S. Bobrow
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Arlene S. Bobrow, Authorized Person
Exhibit A-3
ARTICLES OF ORGANIZATION
OF
COLORADO NATURAL FUELS, LLC
I, the undersigned natural person of the age of eighteen years or more,
acting as organizer of a limited liability company under the Colorado Limited
Liability Company Act, adopt the following Articles of Organization for such
limited liability company:
FIRST: The name of the limited liability company is Colorado Natural Fuels,
LLC.
SECOND: The principal place of business of the limited liability company is
1225 17th St., Denver, CO 80202.
THIRD: The street address of the initial registered office of the limited
liability company is 1560 Broadway, Suite 2090, Denver, CO 80202-5139 and the
name of its initial registered agent at such address is Corporation Service
Company.
FOURTH: The names and business addresses of the initial managers are:
Name Address
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Ross King 1225 17th St.
Denver, CO 80202
Don Basler 1225 17th St.
Denver, CO 80202
The number of managers shall be set forth from time to time in the Colorado
Natural Fuels, LLC Operating Agreement.
FIFTH: The management of the limited liability company is vested in
managers rather than members.
/s/ Paul T. Ruttum
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Paul T. Ruttum, Organizer
Corporation Service Company hereby consents to its appointment as the
initial registered agent of Colorado Natural Fuels, LLC.
CORPORATION SERVICE COMPANY
By: /s/ Kurt Plender
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