SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM U-57
NOTIFICATION OF FOREIGN UTILITY COMPANY STATUS
Filed Under Section 33(a) of the
Public Utility Holding Company Act of 1935, as amended
Electroquil, S.A.
Duke Energy International Cia. Ltda.
Duke Energy Electroquil Partners
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(Name of foreign utility company)
DUKE ENERGY CORPORATION
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(Name of filing company, if filed on behalf
of a foreign utility company)
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Notification
Duke Energy Corporation, a North Carolina corporation ("Duke
Energy"), acting on behalf of Electroquil, S.A., an Ecuadorian corporation
("Electroquil"), Duke Energy International Cia. Ltda., an Ecuadorian limited
liability company ("DEI"), and Duke Energy Electroquil Partners, a Delaware
general partnership ("DEEP"), herewith files with the Securities and Exchange
Commission (the "Commission") this Notification of Foreign Utility Company
Status pursuant to Section 33(a) of the Public Utility Holding Company Act of
1935, as amended (the "Act").
ITEM 1
Names and Business Addresses:
The names and business addresses of the entities
claiming foreign utility company status are:
Electroquil, S.A.
Km. 19 Via a la Costa
Guayaquil, Republica del Ecuador
Duke Energy International Cia. Ltda.
Km. 19 Via a la Costa
Guayaquil, Republica del Ecuador
Duke Energy Electroquil Partners
5400 Westheimer Court
Houston, Texas 77056-5310
Facilities:
The Facilities consist of a 168 megawatt, diesel- fired power
generation facility located near Guayaquil,
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Ecuador. Electroquil sells electricity to Inecel, Ecuador's state power
utility, under long-term power purchase agreements.
Ownership:
The outstanding voting stock of Electroquil is owned 51.500%
by DEI, which is a wholly owned subsidiary of DEEP. A 1% interest in DEEP is
owned by Duke Energy Services, Inc., a Delaware corporation ("DESI"), with the
remaining 99% interest in DEEP being owned by Duke Energy Global Asset
Development, Inc., a Nevada corporation and a wholly owned subsidiary of DESI.
DESI is a wholly owned subsidiary of PanEnergy Corp, a Delaware corporation,
which is a wholly owned subsidiary of Duke Capital Corporation, a Delaware
corporation, which, in turn, is a wholly owned subsidiary of Duke Energy.
The other persons or entities that own 5% or more
of any class of the voting securities of Electroquil are:
Ing. Oscar Orrantia Vernaza (8.600%) and Ing. Carlos Tama
Corral (6.009%).
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ITEM 2
Domestic Associate Public-Utility Companies of
Electroquil, DEI and DEEP and their Relationship to Such Entities:
Duke Energy and Nantahala Power and Light Company
("Nantahala") are domestic associate public-utility companies of Electroquil,
DEI and DEEP, with Duke Energy being the parent holding company. Duke Energy's
relationship to each of Electroquil, DEI and DEEP is that it indirectly owns
51.500%, 100% and 100%, respectively, of such entities. Nantahala is a wholly
owned public-utility subsidiary of Duke Energy. Nantahala will not be involved
in any way in the ownership, management, operation, or maintenance of the
Electroquil facility.
The purchase price of DEI's interest in Electroquil is $45
million.
Exhibit A: Documents filed herewith:
(1) North Carolina Utilities Commission certification letter dated
June 23, 1997.
(2) The Public Service Commission of South Carolina certification
letter dated June 5, 1997.
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SIGNATURE
The undersigned company has duly caused this statement to be
signed on its behalf by the undersigned thereunto duly authorized.
DUKE ENERGY CORPORATION
By: /s/ Richard J. Osborne
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Richard J. Osborne
Executive Vice President and
Chief Financial Officer
Date: July 15, 1998
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(1)
STATE OF NORTH CAROLINA
UTILITIES COMMISSION
Post Office Box 29510
Raleigh, NC 27626-0510
June 23, 1997
Securities and Exchange Commission
450 Fifth Street, N.W.
Washington, D.C. 20549
Dear Sirs:
We submit this letter to you pursuant to Section 33(a)(2) of
the Public Utility Holding Company Act of 1935, as amended (the Act), which
provides an exemption for foreign utility companies from certain provisions of
the Act.
The North Carolina Utilities Commission hereby certifies to
you that it has the authority and resources to protect ratepayers subject to its
jurisdiction and that it intends to exercise its authority.
The North Carolina Utilities Commission has jurisdiction over
the retail electric rates of Duke Power Company (to be renamed Duke Energy
Corporation) and Nantahala Power & Light Company, each of which is a public
utility company as such term is defined in the Act.
Sincerely,
/s/ Jo Anne Sanford
Jo Anne Sanford
Chair
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(2)
The Public Service Commission
State of South Carolina
June 5, 1997
Securities and Exchange Commission
450 Fifth Street, N.W.
Washington, D.C. 20549
Dear Sirs:
This letter is submitted to you pursuant to Section 33(a)(2)
of the Public Utility Holding Company Act of 1935, as amended (the Act), which
provides an exemption for foreign utility companies from certain provisions of
the Act.
The Public Service Commission of South Carolina hereby
certifies to you that it has the authority and resources to protect ratepayers
subject to its jurisdiction and that it intends to exercise its authority.
We have jurisdiction over the retail electric rates of Duke
Power Company (to be renamed Duke Energy Corporation), which is a public utility
company as such term is defined in the Act.
Sincerely,
/s/ Guy Butler
GUY BUTLER
CHAIRMAN
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