SECURITIES AND EXCHANGE COMMISSION
Washington, D.C.
FORM U-1/A
AMENDMENT NO. 6
TO
FORM U-1
APPLICATION
UNDER THE
PUBLIC UTILITY HOLDING COMPANY ACT OF 1935
Energy East Corporation
(formerly known as NGE Resources, Inc.)
One Commerce Plaza
Suite 2006A - 20th Floor
Albany, New York 12260
(Name of company or companies filing this statement and
address of principal executive offices)
Daniel W. Farley
c/o Energy East Corporation
One Commerce Plaza
Suite 2006A - 20th Floor
Albany, New York 12260
Telephone: (518) 434-3014
(Names and addresses of agents for service)
Copies to:
Leonard Blum, Esq.
Huber Lawrence & Abell
605 Third Avenue
New York, New York 10158
Telephone: (212)682-6200
Joanne Rutkowski, Esq.
LeBouef, Lamb, Greene & MacRae, L.L.P.
1875 Connecticut Avenue, N.W.
Washington, D.C. 20009
Telephone: (202) 986-8000
<PAGE>
This Amendment No. 6 on Form U-1/A to the Form U-1 of Energy
East Corporation (formerly known as NGE Resources, Inc.) is being
filed to amend the first paragraph of Item 3. B. to read as
follows:
Item 3. Applicable Statutory Provisions.
B. The Exemption under Section 3(a)(1)
HoldCo does not intend to register as a holding company
under the 1935 Act. As demonstrated below, HoldCo respectfully
submits that it should be granted, by Commission order, an
exemption under Section 3(a)(1) of the 1935 Act. Section 3(a)(1)
of the 1935 Act makes available an exemption from all of the
provisions of the 1935 Act (except for Section 9(a)(2) thereof)
to a "holding company" if:
such holding company, and every subsidiary company
thereof which is a public-utility company from which
such holding company derives, directly or indirectly,
any material part of its income, are predominately
intrastate in character and carry on their business
substantially in a single State in which such holding
company and every such subsidiary company thereof are
organized.
HoldCo will satisfy such requirements. HoldCo, NYSEG and GenSub
all are organized and carry on, or in the case of HoldCo and
GenSub will carry on, their business substantially in New York
State (GenSub will sell some electricity at wholesale from
certain of its generating stations into the Pennsylvania-New
Jersey-Maryland Interconnection (PJM Power Pool) which sales in
1997 accounted for less than 5% of NYSEG's total operating
revenues) and neither NYSEG, HoldCo nor GenSub will derive any
material part of its income from a utility company that carries
on its business and/or is organized outside of New York State.
Neither NYSEG nor GenSub makes any electricity sales to retail
customers outside of New York State.
SIGNATURE
Pursuant to the requirements of the Public Utility Holding
Company Act of 1935, the undersigned company has duly caused this
Amendment No. 6 to be signed on its behalf by the undersigned
thereunto duly authorized.
Energy East Corporation
Date: March 3, 1998 By Daniel W. Farley
Daniel W. Farley
Secretary
