As filed April 2, 1999
File No. 70-9397
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
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Amendment No. 5
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.
WestGas 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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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 80202-5534 New York, New York 10019
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The Application or Declaration filed in this proceeding on October 22,
1998, as amended and restated in its entirety by Amendment No. 1, filed January
21, 1999, and as further amended by Amendment No. 2, filed February 2, 1999,
Amendment No. 3, filed March 12, 1999, and Amendment No. 4, filed March 30,
1999, is further amended as follows:
1. The first paragraph of subsection (ii) - "NCE Debt" of ITEM 1.6 -
DESCRIPTION OF EXTERNAL FINANCING PROGRAM is amended and restated to read as
follows:
"(A) Short-Term Debt. The aggregate principal amount of Short-term Debt
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of NCE at any time outstanding during the Authorization Period shall
not exceed the NCE Debt Limitation ($600 million), provided that, upon
PSCCC becoming a direct subsidiary of NCE, it is proposed that the NCE
Debt Limitation be increased to $975 million in order to provide
liquidity for PSCCC as discussed in subparagraph (C) below. The
effective cost of money on Short-term Debt authorized in this
proceeding will not exceed the competitive market rates available to
companies with comparable credit ratings with respect to debt having
similar maturities."
2. Subsection (i) - "Short Term Debt of Cheyenne" of ITEM 1.6.2 -
UTILITY SUBSIDIARY FINANCING is amended and restated to read as follows:
"(i) Short Term Debt of Cheyenne. All securities of Cheyenne, except
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for securities with maturities of less than 12 months, are approved by
the WPSC. Accordingly, authority is requested for Cheyenne to issue
Short-term Debt to one or more non-associate lenders. The aggregate
amount of such Short-term Debt to be outstanding at any one time during
the Authorization Period shall not exceed $40 million. Cheyenne may
engage in short-term financing as it may deem appropriate in light of
its needs and market conditions at the time of issuance. Such
short-term financing could include, without limitation, commercial
paper sold in established domestic or European commercial paper markets
in a manner similar to NCE, bank lines and debt securities issued under
its indentures and note programs. Borrowings under bank lines and other
borrowings shall have a maturity of not more than one year from the
date of each borrowing. The effective cost of money on Short-term Debt
authorized in this proceeding will not exceed the competitive market
rates
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available to companies with comparable credit ratings with
respect to debt having similar maturities."
3. The second paragraph of ITEM 1.7.1 - GENERAL is amended and restated
to read as follows:
"To the extent that any intra-system loans or extensions of credit are
not exempt under Rule 45(b) or Rule 52, as applicable, the company
making such loan or extending such credit may charge interest at the
same effective rate of interest as the daily weighted average effective
rate of such company's commercial paper, revolving credit and/or other
short-term borrowings of such lending company, including an allocated
share of commitment fees. If no such borrowings are outstanding, then
the interest rate shall be predicated on the Federal Funds' effective
rate of interest as quoted daily by the Federal Reserve Bank of New
York. The maturity of the proposed intra-system long-term debt shall
not exceed 40 years and the rate thereon shall not exceed the lending
company's effective cost of borrowing for a debt security having a
comparable maturity."
4. The final paragraph of ITEM 1.7.2 - GUARANTEES is amended and
restated to read as follows:
"The amount of NCE Guarantees and Subsidiary Guarantees outstanding at
any one time shall not be counted against the aggregate respective
limits applicable to external financings or the limits on intra-system
financing requested elsewhere herein. The terms of debt covered by any
NCE Guarantee or Subsidiary Guarantee shall comply with the parameters
for the proposed debt financing described above."
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SIGNATURES
Pursuant to the requirements of the Public Utility Holding Company Act
of 1935, as amended, the undersigned companies have duly caused this statement
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.
(signatures continued on the next page)
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<PAGE>
CHEYENNE LIGHT, FUEL AND POWER COMPANY
WESTGAS 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
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: April 2, 1999
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