(As filed February 2, 1999)
File No. 70-9397
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
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Amendment No. 2
on
FORM U-1/A
APPLICATION OR DECLARATION
UNDER THE
PUBLIC UTILITY HOLDING COMPANY ACT OF 1935
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New Century Energies, Inc.
Public Service Company of Colorado
Cheyenne Light, Fuel and Power Company
New Century Services, Inc.
West Gas Interstate, Inc.
NC Enterprises, Inc.
New Century International, Inc.
e prime, inc.
PS Colorado Credit Corporation
Natural Fuels Corporation
P.S.R. Investments, Inc.
Green and Clear Lakes Company
1480 Welton, Inc.
The Planergy Group, Inc.
New Century-Cadence, Inc.
1225 17th Street
Denver, Colorado 80202-5533
Southwestern Public Service Company
Quixx Corporation
Utility Engineering Corporation
Tyler at Sixth
Amarillo, Texas 79101
(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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<PAGE>
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 or 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>
The Application or Declaration filed in this proceeding on October 22,
1998, as amended and restated in its entirety by Amendment No. 1, filed December
21, 1998, is further amended by restating Item 1.9 Financing Subsidiaries to
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read as follows:
"1.9 FINANCING SUBSIDIARIES. NCE and the Subsidiaries request authority
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to acquire, directly or indirectly, the equity securities of one or more
corporations, trusts, partnerships or other entities created specifically for
the purpose of facilitating the financing of the authorized and exempt
activities (including exempt and authorized acquisitions) of NCE and the
Subsidiaries through the issuance of long-term debt or equity securities,
including but not limited to monthly income preferred securities, to third
parties and the transfer of the proceeds of such financings to NCE or such
Subsidiaries. NCE may, if required, guarantee or enter into expense agreements
in respect of the obligations of any such Financing Subsidiaries. Subsidiaries
may also provide guarantees and enter into expense agreements, if required, on
behalf of such entities pursuant to Rules 45(b)(7) and 52, as applicable. If the
direct parent company of a Financing Subsidiary is authorized in this proceeding
or any subsequent proceeding to issue long-term debt or similar types of equity
securities, then the amount of such securities issued by that Financing
Subsidiary would count against the limitation applicable to its parent for those
securities. In such cases, however, the guaranty by the parent of that security
issued by its Financing Subsidiary would not be counted against the NCE
Guarantee Limitation or the Subsidiary Guarantee Limitation, as the case may be.
In other cases, in which the parent company is not authorized herein or in a
subsequent proceeding to issue similar types of securities, the amount of any
guarantee not exempt pursuant to Rules 45(b)(7) and 52 that is entered into by
the parent company with respect to securities issued by its Financing Subsidiary
would be counted against the NCE Guarantee Limitation or Subsidiary Guarantee
Limitation, as the case may be."
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<PAGE>
SIGNATURES
Pursuant to the requirements of the Public Utility Holding Company Act
of 1935, as amended, the undersigned companies have duly caused this Application
or Declaration filed herein to be signed on their behalf by the undersigned
thereunto duly authorized.
NEW CENTURY ENERGIES, INC.
PUBLIC SERVICE COMPANY OF COLORADO
NEW CENTURY SERVICES, INC.
NC ENTERPRISES, INC.
E PRIME, INC.
GREEN AND CLEAR LAKES COMPANY
THE PLANERGY GROUP, INC.
NEW CENTURY-CADENCE, INC.
SOUTHWESTERN PUBLIC SERVICE COMPANY
By: /s/ Richard C. Kelly
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Name: Richard C. Kelly
Title: Executive Vice President of
New Century Energies, Inc.,
Public Service Company of
Colorado, New Century
Services, Inc., NC
Enterprises, Inc., and
Southwestern Public Service
Company; President of e
prime, inc.; Treasurer of
Green and Clear Lakes
Company and New
Century-Cadence, Inc.; and
Vice President of The
Planergy Group, Inc.
CHEYENNE LIGHT, FUEL AND POWER
COMPANY
WEST GAS INTERSTATE INC.
NEW CENTURY INTERNATIONAL INC.
PS COLORADO CREDIT CORPORATION
1480 WELTON, INC.
P.S.R. INVESTMENTS, INC.
By: /s/ Cathy J. Hart
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Name: Cathy J. Hart
Title: Secretary
(signatures continued on the next page)
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<PAGE>
NATURAL FUELS CORPORATION
QUIXX CORPORATION
UTILITY ENGINEERING CORPORATION
By: /s/ Bill D. Helton
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Name: Bill D. Helton
Title: Chairman of the Board
Date: February 2, 1999
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